Legal rights for lose of proceeds

My husband is named on the title and mortgage to a home in which his ex-wife is responsible for making mortgage payments. She has chosen recently not to and the house is to be foreclosed. Can we sue based on the fact that due to her failure to pay he will loose his share in the equity in the home?

[HomeGuru]

You can sue but as far as the lender is concerned, your husband is just as guilty. If he sues, it must be claiming default under the divorce decree or some other agreement between the two. He does not have to lose his share of equity, he can make the mortgage payments as he agreed to do when he signed the orginal mortgage documents. Lenders do not generally recognize divorce decrees or side agreements that conflict with the mortgage documents.