Legal Question in Credit and Debt Law in Michigan

My divorce was finalized by the judge in September 2014. In the divorce it states that my ex husband being the plaintiff shall retain all right and interest to the real property located at * lists the homes address* of any claim by the defendant and holding defendant harmless, Plaintiff shall pay any indebtedness owing on such property. Here's my legal question: my ex never refinanced the home so I am still listed on the mortgage as the first signer & now that he has stopped paying the mortgage as of March 2015 the bank says that it doesn't matter what the divorce papers say I am still liable & they are still going to come after me for the debt. There was no specific time line written in the divorce that says he had to remortgage by any certain date & the bank said that because of that I can still be held accountable. Is this true? Does the judgment give me no protection from the foreclosure?


Asked on 5/28/15, 2:41 am

1 Answer from Attorneys

Andrew Campbell Andrew L Attorney at Law

Assuming the language is as stated no it does not. Third-parties are not subject to the judgment of divorce so you have to pursue him before the judge that finalized the divorce. He has the obligation to pay but is not paying so you need to move to enforce that judgment of divorce. The good news is you can call a divorce attorney but the bad news is you will have to pay out for that. Also keep in mind that typically the mortgage servicer or holder will submit a paper bid at the sheriff's sale. The paper bid (or other cash bid submitted by a member of the public if any) is the key number. If that amount matches the amount that you owe then the mortgage servicer or holder cannot sue you for any money. For example if the latest letter says you owe $150,000.00 and the servicer bids that amount at the sale, then you owe nothing. If instead you owed $170,000 and they bid $150,000 you could be liable for $20,000.00. The servicer will have to file a lawsuit against you if that happens but you can protect yourself by making sure you get an appraisal on the house right around the time of the sale to protect you. That valuation can be used as an affirmative defense to show that the value was more than they bid. Of course a foreclosure can still appear on your credit report for seven years.

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Answered on 5/28/15, 6:55 am


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