Atlanta, GA asked in Divorce and Real Estate Law for Alabama

Q: What is the process for foreclosure on an abandoned home post divorce?

After our divorce, my ex stayed in our jointly owned home for 2 years and then abandoned it about 6 months ago. He also stopped making payments then. Foreclosure is now the only way to get my name off of the loan. How long does that process take and does the home being abandoned change the usual processes?

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1 Lawyer Answer
Kristine Jones
Kristine Jones
Answered
  • Montgomery, AL
  • Licensed in Alabama

A: Hello, without reading your settlement agreement or decree, it is difficult to know how to answer. Normally there is language that protects the ex-spouse in your position so you can take him back to court for contempt e.g. non-payment of mortgage, etc. Foreclosure will not get your name off the loan. It will be on your credit and his, and the mortgage company will sue both of you for any remaining balance owed. You may also want to consult with a bankruptcy attorney in the event contempt is not possible. Don't wait. Best of luck!

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