Legal Question in Credit and Debt Law in Maryland
In Feb. of 1999, my ex-husband & I took out a 2nd mortgage on our home. We got divorced in Aug. of 2002. At that time my ex wanted to keep the house, so the judge ordered that he refiance it into his name and until he did that he was financally responsable for all mortgage payments. He didn't refiance the mortgages and imediately stopped making all payments on the house. Needless to say, the bank which held the 1st mortgage foreclosed on the property in Oct. of 2003. The balance of the money due they wrote off. After 7 years I have just been contacted by the 2nd mortgage company demanding that I pay the balance due on their loan ($6900.00). Am I still liable for this loan? What can they do to me now if I am?
2 Answers from Attorneys
If your ex husband was supposed to refinance the property into his own name according to the divorce decree, then by law he was supposed to do it. It wasn't a choice. That action would have taken your name off the 2nd mortgage and therefore removed any liability you would have had for paying it. Regardless of this fact, the mortgage company does not care about your divorce or that court order. As such, the mortgage company may sue you for it. If that happens, you will need to immediately hire a Maryland attorney who can defend you in Court and also sue your ex-husband.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******
You need to file a cross claim against your ex husband to indemnify you (pay you back) for this loan. Just because you have a court order that your ex must pay does not prevent the lender from suing you. You need to contact a Maryland attorney to protect your rights.
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