Legal Question in Real Estate Law in Utah
Can ex-husband take out mortgage on my home?
When I got divorced I was awarded the home with the standard clauses about my youngest turning 18 and how my ex-husband retains his portion of the equity.
The primary mortgage was the only mortgage against the home at the time of the divorce.
I recently discovered my ex-husband has taken out an additional mortgage against this home. Is this legal? If it is legal, how do I protect my interest in the home if he defaults on the 2nd mortgage?
Thank you for your time.
1 Answer from Attorneys
Re: Can ex-husband take out mortgage on my home?
It was not "legal" for your ex to take out the second mortgage. You need to get legal assistance to force your ex to have it removed. If he does not make the payments, you could lose the home. You are welcome to call for a free consultation.
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