Legal Question in Real Estate Law in Maryland
divorce and failed septic
I am in the process of a divorce and am in the house, spouse is out. The septic system has failed and needs to be on holding tanks. Property will not perk. Can I default on the first and second mortgage and get out of paying her half of the homes' value?
Asked on 11/28/05, 8:57 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: divorce and failed septic
If you default on either mortgage, the lender(s) will institute a foreclosure action and you will lose the property. You and your wife are most likely each responsible for the entire indebtedness on the property, unless only one of you signed the promissory notes.
Answered on 11/29/05, 9:41 am
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