When I divorced 3 years ago the agreement was that my ex husband was to keep the house. At that time, according to my attorney, my name wasn't even on the deed or the mortgage. I'm not sure how that happened because we bought the house together 6 years prior. We did refinance it about 3 years after that but as far as I remember I signed paperwork and everything was on the up and up. But I didn't question any of this at the divorce because my ex was keeping the house anyway so it made no difference to me that my name wasn't on the deed or mortgage.
My ex husband has since stopped paying his mortgage and filed for bankruptcy a few months ago.
Yesterday I was served with court papers that the mortgage company is suing me for foreclosure. I am listed as the second defendant. I called the bank's attorney (I was shocked and really didn't know what to do at that point) and he said that my name shows on the mortgage although not on the note. And that unless I can show him a quick claim deed they will keep my name on the law suit. I am pretty sure no quick claim deed was ever filed when we divorced. Why would there be as I was told my name was not on the house or mortgage.
This mortgage has never showed on my credit rating. I would know as I just purchased a house of my own a few months ago.
Can this mortgage company really sue me for this? Does anyone know if this will affect my credit rating or can they put a lien on current house I own? This is all in the state of Connecticut if that makes any difference. Thank you.
2 Answers from Attorneys
Some lenders insist that both spouses be on the mortgage deed even if they aren't on the title. This isn't necessary in CT, but it is in some states. Since your name is on the mortgage, they must name you in the foreclosure suit. Be thankful that this has (apparently) not affected your credit. The judgment they get against you should not allow them to attach your other property, it will merely remove any right you might have had in the old property.
If you refinanced then it appears you were on the mortgage. I believe you have a problem because you do owe the debt. In the divorce decree, it should say that your ex holds you harmless on this debt. Otherwise, I would have to review the documents to give a better answer.
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