I have been divorced from my ex husband since October of 1999 and in the papers it says he is responsible for the mortgage. I got a summons ...

Question

I have been divorced from my ex husband since October of 1999 and in the papers it says he is responsible for the mortgage. I got a summons served to me on this being on foreclosure because he never took me off the mortgage. I need to find out how to get my name off the mortgage?

Answer

Unfortunately you cannot have your name removed from the mortgage, as it is a contract between you and the lender made prior to your divorce and remains binding upon you both. You have two regular choices: you can file for bankruptcy, or your can take your ex back to court to require him to make the payments. Bottom line, the Marital Settlement Agreement and/or the Divorce Decree dictate how it is to be paid. You are eligible to obtain a court order enforcing the payment obligations.

This observation is made without a review of any court proceedings or documents. It is, therefore, not a formal legal opinion but a generic statement made upon limited information as a courtesy to the question. An attorney-client relationship is not formed by this exchange, no consideration has or will change hands, and a licensed attorney in your town should be consulted for a formal opinion and advice and direction as to how to proceed.