Legal Question in Real Estate Law in Massachusetts
My deceased ex-husband got the house in the divorce settlement. I was taken off the deed but was never on the promissory note for the mortgage. The bank is threatening me for that debt. Am I liable? The property is located in MA.
2 Answers from Attorneys
If you were never a signatory to the Note and do not own any interest in the property, you have no liability to the bank. I suggest you send a certified letter to the bank that says, you do not own the property and were not a signatory to the Note and as such, you have no liability to them. Instruct them to cease contacting you and warn them if the do anything to adversely impact your credit they will be in violation of the FCCPA(Fair Credit Collection Practices Act). If you live in MA, you may want an attorney to send the letter or if you live in another state, contact a local attorney to draft the letter.
Good Luck
Thank you for your question.
Banks and other lenders will attempt to collect nearly any way they can. You may or may not be liable depending on whether your name was on the note. Although it is unlikely, did you inherit the home when your ex-spouse died? More information may be needed to be sure but, generally speaking, if your name was not on the note then you are not liable.