My ex failed to make payment

[angel48035]

What is the name of your state? Michigan
I divorced my husband in 1999 and signed all rights to the home and property to him.We bought the home which was in both our names but in the divorce.I left everything to him and even signed a quick claim deed giving him everything.I just recieved a call saying my ex has missed 2 house payments and now they are going after me to pay for it.Greentree financial said I am still legally responsable to pay even though it stated in the divorce I hold no claim to any of it.
Is it so?Can they do that.Greentree said that I was still on home weather we divorced or not a He was going after me to pay for it.Someone please tell me they cant do that.
Thanks..Angel

 

[krispenstpeter]

Without knowing what the divorce decree says (exactly) about refinancing the home there's nothing we can tell you.

But, the company is right at this point. He owns the house, you both own the debt.

 

[angel48035]

It states that He shall assume to pay the mortgage payable to greentree and all other debts encumbered the real estate and personal property awarded to him.Each party shall indemnify and hold the other harmless for the debts ans obligation he or she is assuming pursuant to this judgment...
The provisions made herein for plaintiff shall be in lieu of her dower in the lands of her husband,and he shall hereafter hold his remaining lands free,clear and discharge from any such dower right or claim.
Does this help to answer my question at all....

 

[JETX]

"I just recieved a call saying my ex has missed 2 house payments and now they are going after me to pay for it.Greentree financial said I am still legally responsable to pay even though it stated in the divorce I hold no claim to any of it.
Is it so?"
*** Yep. Your divorce order has NO impact on the contract that you signed with the lender (Greentree).

"Can they do that.Greentree said that I was still on home weather we divorced or not a He was going after me to pay for it.Someone please tell me they cant do that."
*** Sorry. They can do what they are claiming.

"It states that He shall assume to pay the mortgage payable to greentree and all other debts encumbered the real estate and personal property awarded to him.Each party shall indemnify and hold the other harmless for the debts ans obligation he or she is assuming pursuant to this judgment...
The provisions made herein for plaintiff shall be in lieu of her dower in the lands of her husband,and he shall hereafter hold his remaining lands free,clear and discharge from any such dower right or claim.
Does this help to answer my question at all...."
*** Not really. As stated earlier in this post, the decree does NOTHING to the existing contract.

The only thing the decree does do is give you a way to go after your 'ex' for his failure to comply with their order. The only way to be released from the obligation to the lender is:
- To get the lender to release you in WRITING (extremely unlikely), or
- To sell the house and pay the note, or
- For him to refinance the house in his name only.

Oh, and guess what.... if he files for bankruptcy then you are stuck with the whole enchilada!!
Your attorney screwed up in not getting an order to sell or refinance from the court.

 

[angel48035]

Well.that nice to because he had already contacted a bankrupsy attorney and started with chapter 7.I cant afford it so the only thing for me to do is file chapter 7 if they try to stick me with it.Or Sue my ex for not living up to his agreement.But sue him 4 what.He is filing chapter 7 already so what good would it do me to sue him.looks like I am limited on what to do about this.

 

[krispenstpeter]

I'm glad you told her Jet. I really really hate to give out bad news on Monday.

Now friday is another matter

 

[angel48035]

Thanx.Anyone know of a GOOD Bankrupsy attorney...