Legal Question in Family Law in North Carolina

I don't know because you did not relate the important facts. Even though you are divorced, whose name is on the deed to the home? Who lives in the home? Whose name is on the mortgage?

If you and your husband owned the home while you were married as tenants by the entirety, the divorce would sever that and you would now own as tenants in common. However, that just pertains to title, not the mortgage. Whose name is on the mortgage? If you and your ex-husband are both on the mortgage and your ex-husband does not pay, then the lender will foreclose. However, the lender may look to both you and your ex-husband for any deficiency owing after the foreclosure. If you are concerned, then get the mortgage current and maybe seek to acquire the property through partition if you cannot buy out your ex-husband's share of the property. Your ex-husband's failure to pay will be listed as a delinquency on your credit file if you are both on the mortgage.

If just your ex-husband is on the mortgage but both of you are on the deed to the home, then you are not liable for the mortgage or any deficiency following foreclosure. You may or may not care, but it will depend on what is owed and what the property is worth and the value of the equity of your share. If the property is worth less than what is owed, you probably don't care as you will not suffer any consequences. If the property is worth a lot more than what is owed, I would find a way to get the mortgage current and to buy out your husband through a partition action.

Depending on what your separation/settlement agreement says ( if there was one), you may also have some remedies there if you conveyed your share of the home to your ex-husband and he was supposed to refinance and did not. Speak to a family law attorney about that if that is your situation. You may be able to apply to the divorce court for some relief - maybe they can transfer ownership of the house to you so you can sell it. But you may have to work something out with the lender. I don't know all the facts so I am just raising possibilities for you to consider depending on your circumstances.