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mrsama12

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ex didn't refinance the mortgage
my ex had 6 months after the divorce was final to refinance the house. This is stated in the divorce papers. I have not signed the quit claim because he has not done the refinance. This should have been completed 15 months ago. I have taken him to court and the judge gave him 3 months to complete the release of ownership. (we go back for a status next month) but now the house is in Pre-Foreclosure because he hasn't made a payment in 6 months. Is there anyway to fix my credit score? Or is he going to be able to take me down with him?

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He will take you down with him. The mortgage company is under no obligation to the judges order and therefore it is all up to your ex to qualify for a loan on his own. If he cannot, or will not, then the debt will fall to you. The foreclosure will be against you also, and any deficiency on the sale could result in a suit against you for that amount.

You may be forced to re-finance it in YOUR name, then sell it, in order to protect yourself. Then file suit against him (or swear out a complaint against him, whatever is applicable) for the damages to you as a result of his contempt of court.

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Ditto what the other poster stated. I would get your attorney involved at this point. It might be in your best interest to contact the lender and discuss a short sale. Given your situation they're likely to accept. The SS process should put the foreclosure on hold. You can also petition the court to order the house to be put up for sale to avoid foreclosure.

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