Legal Question in Real Estate Law in New York

Divorce and Foreclosure

My husband owns a house with his ex-wife. Divorce papers say she has to have his name off by refinance by 4/1/07 or sale by 4/1/08. She is months behind on the mortgage payment and cannot refinance due to poor credit. She listed the house for sale and signed his name on both the property disclosure and listing contract without his permission. Is this contract binding and legal? Also, divorce papers state she is responsible for house and payments for both mortgage and second mortgage. Second mortgage is up-to-date. I know that my husband can sue ex in case of foreclosure but, what if she doesn't pay? Will we be held responsible for mortgage? Home we live in now is mine. I owned it before marriage. I'm concerned about that property since we are married. Please let me know if you need more information and what. I appreciate your help.


Asked on 10/02/06, 4:10 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Divorce and Foreclosure

This is easier to explain orally. Feel free to contact me at 845 area code 8782163 for a free phone consult. Be certain that you have the divorce papers either handy or know the terms.

Good Luck

RRG

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Answered on 10/02/06, 5:55 pm


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