Q: do i have to notify my ex-wife of a foreclosure notice i received for her house?
i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i also still live in-state. i received the foreclosure notice Sept, 2024. the foreclosure notice has her name in the heading, but doesn't specify whether she received a copy. one of our adult children currently lives in the house. my ex-wife lives in an adjacent house; and her father lives in a house also adjacent to this property.
A:
While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.
Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any "deficiency", i.e. the amount by which a mortgage debt exceeds the property's fair market value.
Under your facts, the lender cannot pursue legal collection attempts against you, but you should file a "Suggestion of bankruptcy" in the court foreclosure case, as a bankruptcy is an "affirmative defense".
Notify your ex. It doesn't cost you anything.
Timothy Denison agrees with this answer
A:
In your situation, if the foreclosure notice is addressed to your ex-wife and concerns the property she was awarded in the divorce, it is important for her to be aware of it. Although you received the notice, it is primarily her responsibility to handle any issues related to the property, including foreclosure matters, especially since she agreed to take over payments and the mortgage was discharged in your bankruptcy.
You might not be legally obligated to notify her, but informing her would be a prudent step. By doing so, you ensure she has the opportunity to address the foreclosure, which could impact her, your adult child living in the house, and even other family members nearby. Sharing the notice with her also helps clarify that you have fulfilled your end of the agreement made during the divorce.
Consider communicating with your ex-wife or having a third party, such as your child living in the home, ensure she is aware of the notice. This can prevent further complications and ensure that she can take any necessary action to protect her interests and the property.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.