Imminent Foreclosure

[wwhi255608]

What is the name of your state? TX
My common-law husband and I have a second mortgage on a house (the original mortgage was in his name only). For clarity; his name and my personal name are on this second mortgage. A foreclosure is imminent, there will be a deficiency balance. Can the mortgage company satisfy this balance by "coming after" either stock or an annuity that I personally own and have in my own name?

[azatty]

First, I don't know if Texas has an "anti-deficiency statute" or not. That kind of law prevents a creditor from recovering on a deficiency claim under certain circumstances.

Second, you don't identify which mortgage is being foreclosed. If it's the first mortgage, only his assets should be at issue. If it's the second, you're both on the hook.

Third, to the extent that your assets are not exempt, and to the extent that you are personally liable on the debt, the stock and annuity are at risk.