Legal Question in Credit and Debt Law in North Carolina

My ex-wife and i had two mort. on our home.first mort. was forclosed on.second mort.is now seeking a judgement against me.we both signed for this loan.she is not named in judgement.contract for this loan signed in n.c.also the state of my residence since may 1984.judgement filed in va.what can i do?


Asked on 6/25/10, 4:28 am

2 Answers from Attorneys

Lynn Coleman Attorney-Mediator

You need to contact a Virginia attorney for advice about any lawsuit/judgment pending in Virginia. Do this asap, because it is my understanding that Virginia has wage garnishment.

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Answered on 6/25/10, 8:30 am

I am somewhat confused. Where is the land located that is mortgaged? What, if any assets do you have in Virginia, including wages? There is no wage garnishment in NC but there is wage garnishment in VA. The VA judgment could be registered in NC and enforced here, but only against what you have and that does not seem like much.

With regard to the mortgages, which mortgages is your ex-wife on? The first, second or both? If she signed the mortgage application then she is going to be liable with you. However, you seem to indicate that only you were sued by the lender and that the judgment will be only against you. That is the bank's problem. If they wanted to go after her, they could have done so.

Do you still have the house? NC does allow deficiency judgments. I do not know if that was sough here or not. When was the mortgage foreclosed on?

You might want to consider just filing for bankruptcy. It will put a stop to any litigation that is in the works. You can also ask the court to avoid the judgment lien that has already been entered. However, I am not licensed in VA and I cannot advise you as to whether the VA judgment has expired or not.

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Answered on 6/25/10, 12:14 pm


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