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My ex husband got the house and the debt associated with it…

Customer Question
My ex husband got...

My ex husband got the house and the debt associated with it but never sold or refinanced. I signed a quick claim deed giving him the property. Now he is going through foreclosure. What are my legal ramifications.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

I currently live in Wyoming, he lives in Nebraska

Lawyer's Assistant: Has anything been filed or reported?

Just found out from my credit report

Submitted: 6 months ago.Category: Family Law
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1/9/2018
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 6 months ago
Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 795
Experience: Attorney At Law at SELF
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Welcome & thank you for your question. I am the professional that will be assisting you. I am reviewing your question & will be with you shortly.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 6 months ago

I have a few questions:

1) Do you know if the Quit Claim deed you signed was recorded on the land records?

2) Have you been served with any Court papers regarding the foreclosure?

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Customer reply replied 6 months ago
Are you still there?
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 6 months ago

Yes.

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Customer reply replied 6 months ago
No
Customer reply replied 6 months ago
Are you there
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 6 months ago

In the meantime, you should know that if the divorce decree indicated (Ordered) that he would be responsible for the debt, that is only effective as between the two of you. The Lender could still seek recovery from you, and you would have to be indemnified by your ex. This is because the US Constitution forbids the government from interfering in the obligations of a contract.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 6 months ago

You mentioned that you found out through your credit report. Was negative information posted there?

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Customer reply replied 6 months ago
Quick land was filed. Have received no paperwork found it on credit report
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 6 months ago

If negative information was posted on your credit report, you should provide the credit bureau with a copy of the Decree indicating you are not responsible. That will provide an explanation on your credit report for the negative and protect your credit.

If you are served with court papers, which is possible because even though you are no longer an owner you are still on the promissory note, You can also send that to the Lender, but they can still come after you for money damages.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 6 months ago

So to summarize, you are not an owner so can't be foreclosed, but the Lender can seek money damages from you. If that happens, you will need to sue your ex because the court decided he is to be responsible. You can also take steps to protect your credit.

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Customer reply replied 6 months ago
Thank you
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 6 months ago

Do you have further questions?

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 6 months ago

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please feel free to ask more questions and I will be happy to continue to assist you.

Thank you for using JA! We appreciate your business.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 6 months ago

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