enforcing assumption of mortgage

[plantlady2256]

in final divorce judgement ex-spouse was to file an assumption of mortgage in 4 months of final divorce decree. it has not been done. this releases the other party from liability of the debt. how is this enforced? by the courts? by a letter to the ex-spouse? is this contempt of court? can this be done by judge without going back to court?

 

[Edward]

Generally creditors do not care about such lines in court orders. They only see your name on the deeds so do not make the mistake of just leaving it. Go back to court and have a judge sort it out.

 

[rphall]

I am not sure what an assumption of mortgage is but from my personal experience...I own a home and wanted my ex-husband off the deed - frankly he wanted it too. So I had to talk to the company who was carrying my mortgage - get them to agree that they will except me as carrying by myself and THEN have a QUIT CLAIM DEED filed - this is done only by an lawyer and then after he signs it the mortgage company will put the mortgage in my name. I am not sure this helps - it just pushed a button of mine.