Godfrey, IL asked in Foreclosure and Divorce for Illinois

Q: Is my spouse responsible for a debt I had before we were married such as a mortgage loan that's only in my name

I obtained a mortgage in 2008. The property has been in my name solely since February 2014 as my ex husband signed a quit claim deed to the property. His name was never on the mortgage loan. I remarried in April 2014 and my current husband's name is not on the deed or the mortgage and never has been. The lawyers representing the mortgage company are amended their original complaint to include him. Please help me out with this query. I'm desperate in Illinois

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1 Lawyer Answer

A: No he is not liable for the underlying mortgage debt. The mortgagee has in all likelihood named him because he is an occupant. That gives him an interest in the property. Naming him and obtaining jurisdiction over him gives the foreclosure court the ability to extinguish that interest.

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