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My ex husband got the house in the divorce. The divorce

My ex husband got...

My ex husband got the house in the divorce. The divorce decree gave him sole responsibility for the mortgage. He is now foreclosing on the house and the company that holds the mortgage wants me to sign the paper and I don't think I should. The company is trying to say that the divorce decree does not take relieve me of this obligation.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Kansas

Lawyer's Assistant: Have you talked to a lawyer yet?

No I can not afford a lawyer.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

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Answered in 5 minutes by:
10/27/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,823
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. What is it that they want you to sign?

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Customer reply replied 9 months ago
I don't have the paper here but basically it is a form giving the home back to them instead of going to court to foreclose.

Thank you for the reply. It sounds as though they want you to sign a deed in lieu of foreclosure. This avoids foreclosure and not having to go through the legal process. However, what they told you about the divorce decree, is correct. Even though he may have been awarded the home and the financial responsibility for it, you are still on the loan/title and if that is the case, still liable. The decree is between you and him and the lender/bank, has nothing to do this with.

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Customer reply replied 9 months ago
this is what divorce decree says: Petitioner is solely responsible for payment of the following debts and obligations, will defend respondent from these claims and liabilities, nd will reimburse respondent for any and all expenses either directly or indirectly, including a reasonable attorney's fee, if petitioner fails to pay these debts.So you are saying I am legally obligated to sign the paper?

What that is saying is that you can go after him, if he failed to pay the mortgage. If you are sued, he would have to pay for legal counsel to defend this and anything related to it. Basically, you could sue him and go after him for allowing the loan to go into default. You are not forced to sign this and should retain legal counsel for advise, to see if it is in your best interest and if you do, he would be liable to pay for your attorney. A deed in lieu is a way to avoid foreclosure but it will appear, so could have a negative effect if you try and get a loan and your credit could be harmed as well, if you are still on the loan and it has not been paid. It is a way to limit the harm and slightly better than a foreclosure.

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Customer reply replied 9 months ago
if after they resell the house and if they were to try to recover any difference owed then I can fight that?

Typically, with a DIL, part of the agreement is that they agree to not go after you for any deficiency, which may be owed. This is why you need to look over what is signed or agreed to but if you did get sued, he would be liable.

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Customer reply replied 9 months ago
Ok I believe I feel more comfortable now to sign the deed in lieu of foreclosure now. Thanks.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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