Family Law Questions? Ask a Family Lawyer Online.
Hello Susan,My name is XXXXX XXXXX I'm a licensed attorney. Glad to try and help out.I am truly sorry to hear about your troubles. My heart goes out to you.Here is how this works. Many folks don't understand, but creditors are bound by the secured instruments and not the final divorce decree. For example, assume just for the sake of illustration that your divorce papers purported to relieve you of all liability for credit card debt. That will absolutely not stop the credit card company from coming after you, if your name is XXXXX XXXXX account, regardless of what the decree says.Likewise, here the outcome will be governed primarily by the mortgage paperwork. So, the botXXXXX XXXXXne answer is yes, you can walk away from the mortgage, as you put it. However, there will of course be adverse consequences such as a negative impact on your credit owing to the foreclosure. That is true if you are listed on the mortgage(s). If that is not the case with either one, you are in a fortunate position. Since your former spouse is bringing child support into the picture, I would just suggest that you give serious consideration to seeking a consultation with local family law counsel You could do so for a very modest fee and it would truly be worthwhile to do so with all that is at stake.If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.I hope all works out for you.
Not sure if my second question came through. sorry for being repetitive if it did. I appreciate your help.
Question: if my name is XXXXX XXXXX the mortgage but is on the deed and the house goes to foreclosure, am I liable to the finance company?