Legal Question in Real Estate Law in Indiana

Mortgage Question

My name is still on a mortgage with my ex-husband. My divorce decree does not require him to refinance. It does say however that he is to hold me harmless and he is being constantly late on the payments and is ruining my credit. I have signed a quit claim deed along with the divorce decree and have not lived on the property since 1999. What happens if he forecloses on the house? Can they come after me for him being late? Is there anything I can do because he is causing 'harm'' to my credit? I have been told by many different financial officers from many different banks that I can not buy a house with my new husband until I get my name off of the mortgage.

Asked on 6/21/09, 9:06 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Mortgage Question

You may be able to hold him in contempt of court and may have a cause of action for the effect on your credit. Depending on your overall credit, asset and income you may be able to get a mortgage, but most people cannot carry to mortgages.

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Answered on 6/21/09, 10:44 pm

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