Legal Question in Real Estate Law in Wisconsin

Not having seen any documents, I have no idea if your ex-husband needed your signature or not to apply for a mortgage modification. However, if your former husband received a mortgage modification which kept the property out of foreclosure, you are probably both very lucky, since successful modifications are rare. The U.S. real estate crash has made refinancing impossible for the vast majority of homeowners, so as a practical matter, it he was probably not able to refinance the property in order to remove you from the loan despite his best efforts. By making payments and continuing to chip away at the loan balance (with or without a modification), however, he may have moved closer to that goal. If a foreclosure occurs and your name is still on the property's title (or on the loan), you will necessarily be a made a defendant in the 1-2 year long foreclosure lawsuit, which is a process is stressful at minimum and disastrous for your credit at worst, even if the bank only wants the property back. You really owe it to yourself to immediately schedule (and pay for) a consultation with your divorce attorney to discuss all of this. However, your problem is an extremely common one these days and there may not be any easy way out for you until the housing market recovers, at which time you might again be able to pay off the mortgage by selling the property. My comments in the public web forum are not legal advice, but are instead provided solely for purposes of public education. No attorney client relationship is created because I have responded to your inquiry on this public website. However, you are welcome to contact my office in Racine, WI, with further questions.