beer_lady said:
I got divorced in Georgia, We had a home that I gave to my ex which encluded the payments. He is not paying them. They called and said I have to pay them or they will garnish my wages. Am I responsiable for the payments even though it says in the divorce degree that I'm not? Deb
My response:
Yes. Your divorce decree and Settlement Agreement is between you and your ex-husband, only. It does not change, abbrogate, revise, or amend your contract with the mortgagor. The mortgagor is not a party to your Settlement Agreement, and all the mortgagor knows (or cares about) is that your name is still on the loan agreement and they are not getting their contractual payments.
You will need to sue your ex-husband for breach of your Settlement Agreement in order to get the money back that you will be paying to your mortgagor. Then, you'll have to come to terms with your ex-husband to either refinance the home into his name alone (which will take your name off of the original loan contract) or, sell the home if he or you cannot refinance.
IAAL
