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

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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: 11 months ago.Category: Legal
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Answered in 5 hours by:
8/2/2017
Lawyer: Law Educator, Esq., Attorney replied 11 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,010
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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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.
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Customer reply replied 11 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 11 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.

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