Legal Question in Family Law in Massachusetts

My divorce was final on 3/14/07. The decree stated that my ex husband be solely responsible for the mortgage payment on the marital home and that he remove my name from the mortgage within two years of the execution of the deed. The execution of deed was done 10/12/06. My name was never removed, and while the bank is not attempting to collect the debt from me, they are reporting me to the credit bureaus. The mortgage is currently two months past due.

The house is already up for sale. I am not certain that hiring a lawyer and going through a contempt hearing is going to get the results I want, which is that my credit be repaired/spared further damage.

Is it worthwhile to hire a lawyer? From what I read, there is nothing that can be done to remove my name off the mortgage unless a refi is done, or the house sells.

Thanks so much.


Asked on 8/06/10, 1:30 pm

1 Answer from Attorneys

The lender is not governed by the terms of a probate court order. The fact your ex-husband did not get you removed from the Note and the Mortgage is not binding on them. I would file a contempt action and seek damages from your husband for damage to your credit rating, protection from any deficiency if any.

You should be aware that if the Lender forecloses and seeks a deficency they may come looking for you to collect that deficiency.

You may want to contact an attorney to assist you in dealing with the lender to protect your credit rating. The attorney would contact the lender directly, which he can on your behalf since you are on the note.

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Answered on 8/11/10, 1:41 pm


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