Kenosha, WI asked in Real Estate Law for Wisconsin

Q: Does ex-husband have right to a counterclaim suit on a short-sale for deficiancy balance against me if he resigned mtg?

We sold our home via short sale. I was responseable in our decree for the original loan. We refinanced the home together after the divorce was 2 years final and the decree wasn't updated to reflect the refinance. He says I am still liable for the deficiancy and wants me to pay it off. Am I? He is also is suing me with a cross-claim to pay his court costs as we go through a counterclaim on the short-sale and wants a judgement. Is he liable for the deficiancy since he signed the new note after the divorce. Also where can I find a form to reply to his summary for judgement in Wisconsin.

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1 Lawyer Answer
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq.
  • Albany, CA
  • Licensed in Wisconsin

A: I will need more information to properly analyze. What are the details of the new note signed after the divorce? What was your part in that? And, what were the details of the court costs? You can contact me with further information.

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