Foreclosure, Exspouse w/ deficiency

[krissy42870]

What is the name of your state?IN
My husband's exwife kept the home in the divorce with the provision that she would refinance it out of my husbands name. She is now 18 months past her deadline to refinance and it has now gone to foreclosure. The sale of the home is set in 4 weeks, and mostly likely there will be a deficiency amount to pay off the balance. Since his name is on the mortgage but the divorce decree states she is and has been responsible for the home and all payments, how does he avoid be hit with a defiance judgment?

If a deficiency judgment happens, does that happen automatically after the home sale or will he have a chance to appear in court to fight it?

I know we can probably sue her if he is hit with a judgment, but I don't think she'll pay that either.

Thanks!

 

[seniorjudge]

What is the name of your state?IN
My husband's exwife kept the home in the divorce with the provision that she would refinance it out of my husbands name. She is now 18 months past her deadline to refinance and it has now gone to foreclosure. The sale of the home is set in 4 weeks, and mostly likely there will be a deficiency amount to pay off the balance. Since his name is on the mortgage but the divorce decree states she is and has been responsible for the home and all payments, how does he avoid be hit with a defiance judgment?

If a deficiency judgment happens, does that happen automatically after the home sale or will he have a chance to appear in court to fight it?

I know we can probably sue her if he is hit with a judgment, but I don't think she'll pay that either.

Thanks!

Q: Since his name is on the mortgage but the divorce decree states she is and has been responsible for the home and all payments, how does he avoid be hit with a defiance judgment?

A: I am assuming you mean deficiency judgment. In any event, the judgment in the lawsuit between your hubby and his ex has no effect on the lender since the lender was not a party to that lawsuit. So, to answer your question, the only way he can avoid this is to buy the place either now or at the auction.