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After Divorce/Real Estate/Morgage

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L

lillywhite

Guest
What is the name of your state? Delaware

Two pieces of property were divided in a divorce settlement. My ex-husband took one piece of property, and I the other. My name was taken off of his property deed and his name off of mine. However, his name is still on my morgage.
Since then his property was refinanced and now is ready to go into foreclosure. If that happens and his house is sold and there is still a loan to be satisfied, can the institution that generated the foreclosure come after my property because is name is still on the morgage? :eek:
Any help would be great. Thanks :)
 


I AM ALWAYS LIABLE

Senior Member
lillywhite said:
What is the name of your state? Delaware

Two pieces of property were divided in a divorce settlement. My ex-husband took one piece of property, and I the other. My name was taken off of his property deed and his name off of mine. However, his name is still on my morgage.
Since then his property was refinanced and now is ready to go into foreclosure. If that happens and his house is sold and there is still a loan to be satisfied, can the institution that generated the foreclosure come after my property because is name is still on the morgage? :eek:
Any help would be great. Thanks :)

My response:

No. Simply, there's a legal difference between "being on title" and "being on mortgage". A mortgage does not confer ownership - - only liability.

IAAL
 

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