Manahawkin, NJ asked in Divorce and Real Estate Law for New Jersey

Q: My name is on the deed, not the laon, we are divorced and home is now going into forclosure/auction sale. Am I liable?

We bought the house while married, my name is nowhere on the loans, only the deed. There was a total of 8/9 years that there were no payments being made. Its racked up a hefty debt. We divorced 4 years ago and the only thing about the house in the divorce decree is that I move out with our son before middle school. I never did tho since it still hadn't even started the forclosure process. There were never any problems with this either. He never as much as asked me and his son to move out. We just received the papers for a sheriff sale at the end of may in Ocean County new jersey. My question is, will I be liable for any of the debt after the auction since I was not on the loan?

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Of course you are liable for it. The divorce Judgment is NOT binding on the lender. You need to retain experienced mortgage foreclosure defense counsel. Only a mortgage foreclosure defense attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced mortgage foreclosure defense attorney. You need to retain the best mortgage foreclosure defense attorney you can afford. You should not be restricted by geographic factors.

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