Legal Question in Wills and Trusts in Kansas
I would like to know in the State of Kansas what can i do if my Ex Wife and her new Husband have failed to pay on home that USDA was suppose to take my name of of and now she is 18 Months behind how can i get my name off the house before they foreclose on the house leaving me with the bill
1 Answer from Attorneys
I assume it was your divorce decree that stated how the house debt was to be apportioned. Unless they agreed in writing, that decree does tno affect teh rights of the creditor to come after you fopr the debt. You can probably sue yrou ex for recompense for anyting you have to pay that is contrary to the decree. You may be able to seek to take over the house, force a sale or establsih a short sale agreement with the lender and a prospective buyer. IF you ex cannot pay, it is unlikel that the lender or note hlder will voluntarily take your name off the note. Yuo might also be able to set up a deed in lieu of foreclosure, to give the house to the lender / noteholder. These are good, in that borrowers can often negotiate a release from the debt as a condition of not making the lender/noteholder go through the long Kansas foreclosure process.
Good luck