New Castle, PA asked in Divorce, Foreclosure and Family Law for Pennsylvania

Q: Fiance is still on the mortgage to his previous house with his ex

One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go through with the wedding) if she were to sell or want to refinance?

2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Foreclosure Defense Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: If the new husband is not on the existing deed to your friend's home, and they do are not joint obligors on any other debts, e.g., credit cards, etc., a foreclosure against the "divorce home" should have no legal impact upon your friend's home or mortgage.

To the extent that your question reaches credit ratings, that answer is less certain. Each credit bureau produces its own rating, with its own criteria, which can often seem inaccurate or unfair. The Consumer Financial Protection Bureau regulates credit bureaus, and that Bureau may be your best source for answers.

Still, credit bureaus largely rely upon creditor information input, and so long as no creditor subscribed to the bureaus does not submit info/a claim to the credit bureau, there should be no impact from the foreclosure on the divorce house. Note that there is a "dispute" avenue within each credit bureau, by which a claim may be disputed.

David Kennedy Bifulco agrees with this answer

David Kennedy Bifulco
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Answered
  • Foreclosure Defense Lawyer
  • Bethlehem, PA
  • Licensed in Pennsylvania

A: I agree with Mr. Winterstein. Since your friend is not an obligor on the Mortgage the Foreclosure will have no legal effect on her individually. However, if there is a deficiency after the foreclosure and the lender seeks to enforce it against her new husband it could have effects on the household and the assets of the marriage. This could lead to your friend having to spend money on legal fees to protect herself if an action is taken against her husband to enforce the deficiency judgment. Once married the foreclosure could also affect her credit profile. If it will and how it will affect her profile can differ from bureau to bureau.

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