can my 1st marriage mortgage go after my new husband?
i live in pennsylvania..the loan is in my name and my x`s my parents are also co-signers..i do not live there and there is no way to get out of the loan no one will buy it either.if it would foreclose would the bank be able to go after my 2nd husband for money or take our stuff?
Re: can my 1st marriage mortgage go after my new husband?
They might try. Their first recourse is to sell the property then they can go after your ex, you and your parents.
Your new husband is not on the note so they can not go after him. Even threatening to do so is a violation of the Fair Debt Collection Practices Act.
At the time of the divorce there should have been an order for equitable distribution. I take it that such an order was not sought. Failing to do so has hurt you.
One option is to file an action for partition of the property. The other is to offer your ex the option of buying you out and refinancing the property.
If you have any question feel free to contact me. The initial consultation is free.
{John}
