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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27991
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I am divorced since Sept 2011, and my ex wife was awarded

Customer Question

I am divorced since Sept 2011, and my ex wife was awarded the house. She was required to re-modify, or refinance the house and remove my name from the deed and mortgage. If she could not re-modify or refinance and remove my name she was to sell the house according to the divorce decree.
She re-modified the house leaving my name on the mortgage and now the house is in foreclosure. When I contacted to banks to clarify my options, I was informed by the bank that they do not have to honor the Divorce Decree or the Judges Decision. All they needed to see the divorce was final and a Signed Quick claim deed.
So from their stand point I am responsible for the debt.
My Question is Do I have a case for Contempt towards the bank for disregarding the Judges order and processing the re-modification with my name attached. The Court has already found my ex-wife in Contempt.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.

I certainly understand the situation and your concern. You are not able to go after the bank. The reason why I say this is because the bank was not apart of the court proceedings and they have no legal obligation to comply with the divorce decree, since it does not apply to them. It has to do with you and your Ex. Often times, the loan modification does not release the original parties from the obligation to pay. It simply changes the terms, to allow the home to stay out of foreclosure and the home to be retained. If she refinanced it, then it could have been in her name, since it is a new loan. Here , they simply modify the loan. Now, you could object and contest what the bank did, if you never agreed to the loan modification and the terms and that you want to be removed. However, at the end of the day, you have to obtain relief from your wife, since the bank did nothing nor is obligated, to comply with the decree.

Expert:  RealEstateAnswer replied 2 years ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!