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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Not really sure actually, Texas, It's mostly about a house

Customer Question

Not really sure actually
JA: What state are you in? It matters because laws vary by location.
Customer: Texas
JA: Has anything been filed or reported?
Customer: It's mostly about a house that's legally my ex-wife's through divorce but that I won't be released from liability
JA: Anything else you want the lawyer to know before I connect you?
Customer: and she's still not paying the note
Submitted: 2 months ago.
Category: Legal
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What is your question?

Doug

Customer: replied 2 months ago.
I've been separated for 4 years divorced for about 3 years. I'm outside of any legal obligation for support but continue to financially clean up my ex-wife's messes. By divorce decree she owns the house but the mortgage company refuses to remove me from the obligation which I've come to understand is their legal right. I've paid many house notes just to try and keep my credit from tanking but I just found out yet again it's 90days delinquent. it's not my house so I can't force a sale. She's not cooperative. The mortgage company just wants their money. My credit is terrible. I'm wondering if I have any way out of this? Thanks!
Expert:  LawTalk replied 2 months ago.

Good afternoon,

Was your attorney in the divorce case not sophisticated enough to include a clause in your marital settlement agreement that while your wife got the house, she was legally obligated to pay the mortgage? And that she would hold you harmless from the debt?

Doug

Expert:  LawTalk replied 2 months ago.

I can offer you the opportunity to speak with me by phone, right now, for just $9 more. I'll make the offer.

Doug

Expert:  LawTalk replied 2 months ago.

Hi,

I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.

Doug

Customer: replied 2 months ago.
That's fine. Your initial answer is counter to all previous counsel. The mortgage company can legally hold be liable for the loan no matter what the divorce decree has in it. It doesn't undo the contract i signed. I wish to end this correspondence. Thanks for your time.
Expert:  LawTalk replied 2 months ago.

You wrote : The mortgage company can legally hold be liable for the loan no matter what the divorce decree has in it. I NEVER suggested that the mortgage company could not hold you liable. Of course they can! I commented about a clause in the MSA regarding you wife agreeing to be legally responsible for the mortgage in the MSA and whether there was an indemnification clause.

If you will re-read our correspondence you will see that I have not answered any question from you yet. So I couldn't possibly have provided an answer that is counter to what you may have been told by someone else.

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