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Whose mortgage is it? Legal description on all papers belongs to ex

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ANGELINA86

Junior Member
What is the name of your state (only U.S. law)? FL
During our divorce my ex and I shared a piece of property and he took an attached piece. I didn't realize it and thought an existing mortgage was on the one we shared and made half the payments for almost a year. It was then found the legal on all docs including title insurance belong to the one he took. The bank's attorney prepared and reviewed the docs with the same legal information. We had many properties, it was a difficult time for me and I took whatever he gave me getting a very short end of the stick. I stopped paying so my ex did too. The bank tried to force me into signing papers putting the mortgage on the shared piece. They now state they won't refi my business loans when they balloon in April unless I do this, knowing my ex ruined my credit and I can't get financing anywhere else. My name is on the mortgage and I offered to bring it current if they cooperated in getting it in my name as I wouldn't pay his mortgage but they said they were taking me to court. No payments have been made in 4 months but no action taken yet. Can they blackmail me like this? Just because they say it belonged to the shared one doesn't mean it did. Our settlement agreement is vague and doesnt list a mortgage, states we will share all expenses. My ex's divorce attorney is the bank's board director and did many shady things during the divorce and I'm sure this is another as they could foreclose on the property the legal belongs to. Is there anything I can or should do?What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
the first thing you need to understand: nothing your divorce order requires means squat to the mortgage lender. They are not a party to your divorce and as such, your contract with them is not affected by your divorce.

If nobody pays the mortgage loan on some particular property, the bank can foreclose on it.

They are not required to refi your balloons. If they want to put a condition on you so they will provide refinancing, they can unless it is patently illegal which doesn't sound like it's the case but your post is very confusing.

other than that, I can't understand your situation.
 

nextwife

Senior Member
You are trying to stiff the bank on their payments, and think they should still give you business loans?

The mortgage responsibility belongs to all the parties that agreed to repay the bank when those parties asked the bank to lend them the money and they agreed to pay the bank back for that money. The mortgage agreement has nothing to do with how you and another party later agreed to divy up ownership.
 
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