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A Family Approach To The Law

Foreclosure action isn't personal, but it can still hurt

Foreclosure on a home isn't the goal most people in Illinois have in mind when they sign for their mortgage. If you happened to enter into that contract with a spouse from whom you are now divorced, the possibility of something like that happening may be more distant from your mind.

That does not mean it could not happen. If it does, the questions you may find yourself scrambling to answer might include: How could this happen? What will happen next? What options do I have for protecting myself from the fallout? Getting answers and a clear picture of your possible alternatives is something you need to explore with the help of an experienced debt relief attorney.

This is something that one woman is learning first hand. According to her own story, offered to the Daily Herald, she divorced her husband about five years ago. They had cosigned the mortgage when they bought their home. When they divorced, she left the state and her ex-husband took the house. Their agreement was that he would cover the mortgage payments and either sell or refinance the place within three years. She gave it no thought and admits she, "kind of forgot about the house."

Fast-forward to earlier this year. The woman moved back to Illinois to find the house had been foreclosed on two years ago and that she and her ex were now saddled with a $100,000 deficiency judgment on the original loan. That amount represents the difference between what was owed on the loan and what the bank got from the sale.

It is certainly not a desirable position to be in, but the reality is that this woman and her ex face a significant obligation. Those familiar with this area of the law know that options may exist for her. For one thing, she might be able to go to the court that signed off on her divorce and seek to have her ex held to account for the mortgage payments he apparently ignored. Alternatively, if she was never properly served with notice of the foreclosure, she might be able to have the judgment against her voided.

Speaking with an attorney who offers free initial consultation could be very helpful.

Source: DailyHerald.com, "Mortgage trumps divorce agreement," Tom Resnick, July 10, 2016

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