Foreclosure debt?


#1

I saw in a post where you said that if the mortgage problems arose AFTER one spouse left the home, that the spouse that stayed in the home would be held solely responsible for the fees etc resulting from a foreclosure…

I just want to make sure I understand this correctly. Here is my situation.

STBX and I owned a house in NC. I was the only one making the payments because he refused to work. He got a job, I left him about a month and a half later. My name is the only one on the mortgage, but both are on the deed. When I left him (October 2009), the house payment was current (actually, I think I did not make the October payment because I didn’t have the money, but we had not yet hit a 30-day late). He remained in the marital home until February 2010 and then abandoned the house. He never made a mortgage payment after I left. He also left the house in a horribly dirty state, and there are fees attached to having to have it cleaned out, and the lawn maintained etc…

The house was since foreclosed on in June. Is what you’re saying that HE can be held financially responsible for all of the fees that are the result of him not making the mortgage payments? What about the balance due on the house after the house sells? (It is on the market for about 40K less than is owed on it). Would that deficiency be divisible between the both of us, or could he be held responsible for all of it? (I currently am proposing that we split it 50/50, but he is being less-than-agreeable about anything, so if it goes to court, I kinda want to make him see what I could ask for).

Thanks!


#2

No, that is not what I am saying. The mortgage company can and may come after you for the deficiency as you were the only debtor on the loan. The court, in an equitable distribution hearing MAY attribute the deficiency to the other spouse depending on all the circumstances.