We lived in our home for 3 years, we bought it and both of us ended up with less hours at work due to the economy, we got very far behind by the time we both were fed up with our marriage. I tried loan revision but my husband pretty much wanted me out of my own house ASAP so I left, he couldn’t make the payments on the house and now it’s going into foreclosure, we have till oct 13th to find a buyer or it gets auctioned off and I’m so scared we are gonna end up owing back pay or whatever money is left over. I never abandon the home but we simply both agreed to separate and that IS in our separation papers we signed and got notarized. He is the borrower and I’m the co borrower, if I’m taking care of both his kids full time and trying to make ends meet myself who will be held responsible for what happens to our home in Oct? It says in our separation agreement that he will be held responsible since he wanted ME out of the house. But it was never documented by a lawyer, simply signed and notarized.
The agreement is a valid and binding agreement if both of you signed it before a notary public. If the agreement states that he is responsible for the debt you may enforce that obligation against him through the contract. The agreement does not however bar the mortgage company from seeking payment as you are liable on the loan.