Mortgage Question / Divorce Settlement

[sbenz]

Hello! Question. My father in law's divorce with his wife went through about a year ago. In the settlement his ex-wife gets the house and it states she is responsible for both the first and second mortgage. The second mortgage only has my father in law listed on it. He tried getting it changed to her name but the bank declined to do so. His ex wife decided she will not pay the 2nd mortgage. Is he still responsible for the outstanding balance even though the divorce settlement states it is now his ex wife's responsibility? Is there any legal means to get the 2nd mortgage under his ex's name? The home is in PA. Thank you!

 

[LdiJ]

Hello! Question. My father in law's divorce with his wife went through about a year ago. In the settlement his ex-wife gets the house and it states she is responsible for both the first and second mortgage. The second mortgage only has my father in law listed on it. He tried getting it changed to her name but the bank declined to do so. His ex wife decided she will not pay the 2nd mortgage. Is he still responsible for the outstanding balance even though the divorce settlement states it is now his ex wife's responsibility? Is there any legal means to get the 2nd mortgage under his ex's name? The home is in PA. Thank you!

He can file for contempt against her for not paying the second mortgage/not obeying the court order. However, there is no way that he can force an outside party (ie the bank) to put the second mortgage in her name. The bank is not a party to his divorce and is bound by the original credit agreement only. Therefore he will remain responsible to the bank for the second mortgage (and the first mortgage as well) as long as they are outstanding.

 

[sbenz]

He can file for contempt against her for not paying the second mortgage/not obeying the court order. However, there is no way that he can force an outside party (ie the bank) to put the second mortgage in her name. The bank is not a party to his divorce and is bound by the original credit agreement only. Therefore he will remain responsible to the bank for the second mortgage (and the first mortgage as well) as long as they are outstanding.

Thank you!