Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I asked a while back about my husbands divorce decree from…

Customer Question
I asked a while back...
I asked a while back about my husbands divorce decree from 2009 where he is not able to sign (our) current house (by warrant deed to me 3 years ago) and the ex wife never filed a Leon on the house; how is she able to sue for money from him and to make me sign a second mortgage. I do not she could foreclose on the house as it is in my name and homesteaded in Florida. My husband caved and agreed to give her a second mortgage on the house for seven years at 5% while also carrying the value of the house in a life insurance policy, payable to the ex wife also. She is currently getting 5 figures in tax free alimony, now 4200 including interest which we get to deduct. I don't believe she can foreclose on the house WE live in.
Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 hours by:
8/2/2017
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,320
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
She cannot claim your interest in your house in your name alone. In fact your husband cannot take a second mortgage on your house if his name is ***** ***** the deed. She cannot place a lien on the house in your name either. This is a dispute between her and your husband and if your husband's name is ***** ***** the deed, she cannot make you sign anything at all, this is his separate debt and you should not sign anything and she cannot foreclose on the house because it is not your husband's house and he has no ownership interest in this house and it is his separate debt, not your debt.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Ask Your Own Legal Question
Customer reply replied 8 months ago
My husbands name is ***** ***** first mortgage and the deed and homestead. And now both of us are on her second mortgage. How is it possible to foreclose on a joint home now? Now that the documents are signed I suppose it's too late.
Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

First mortgage is going to take priority, so they can stop her from foreclosing. However, once you put him on your deed and homestead and you signed the second mortgage, I am afraid that you both can be liable for this and she can seek to enforce that agreement and you would need to seek to have your first mortgage holder to step in to stop her from foreclosing on the 2nd mortgage.

Ask Your Own Legal Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 123,320
123,320 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

123,320 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a life insurance policy that the company refuses to
I have a life insurance policy that the company refuses to pay. The problem is with coding by the doctor. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am the beneficiary of a life insurance payout and the
i am the beneficiary of a life insurance payout and the company is contesting the claim The policy was inforce for 4 years. I live in Florida and the insurance company is new york life. They falgged m… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,659 satisfied customers
I need to ask questions reguarding a life insurance.
I need to ask questions reguarding a life insurance … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Both my wife & I have life insurance policies with Penn
Both my wife & I have life insurance policies with Penn Mutual Life Insurance Co. My wife barrowed from her policy and now they don't apply the loan payments to the loan but put them to they policy. W… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I got a $50,000 life insurance policy in 1991, which was a
I got a $50,000 life insurance policy in 1991, which was a transfer from a previous holder, and now, after paying in $36,000, and at age 87, the insurance company has now raised my quarterly premiums … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,320 satisfied customers
I have a question about a will and a life insurance policy.
I have a question about a will and a life insurance policy … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I recently applied for 2 life insurance policies. As a
Hello. I recently applied for 2 life insurance policies. As a result of that application I found out that one of my blood tests came back with abnormal readings. The agent said I would still be covere… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,769 satisfied customers
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
We need advice on universal life insurance policy. New
We need advice on universal life insurance policy. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I want to have a life insurance policy and add my fiancée as
I want to have a life insurance policy and add my fiancée as one of the beneficiaries. The Insurance company is asking me: "insurable interest exists/what financial loss will be incurred by the person… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I am a grandfather who took out a life insurance policy for
I am a grandfather who took out a life insurance policy for my 19 year old … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My ex husband cancelled his life insurance policy that was
My ex husband cancelled his life insurance policy that was stated parties agree to maintain current life insurance policies. I still have mine. What actions can I take or can nothing be done … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,659 satisfied customers
My wife and I were talking life insurance policies, should
John, My wife and I were talking life insurance policies, should something happen, can we have the money put into a trust with a controlled yearly withdrawal so it will last longer?… read more
John
John
Attorney
Doctoral Degree
5,920 satisfied customers
I had univer. Life insur policy for 24 yrs The company tells
I had univer. Life insur policy for 24 yrs The company tells me that its not performing and want pay out,and I should apply for lesser policy (50,000) … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,320 satisfied customers
My husbands life insurance policy was canceled from FARMERS
Second opinion] My husbands life insurance policy was canceled from FARMERS Insurance after 20 to 25 years paying for. Have copy from Farmers but do not understand. Would like my money for the time I … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,276 satisfied customers
What if there is a life insurance policy on someone and no
What if there is a life insurance policy on someone and no beneficiary is assigned? Who gets the money? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x