Pending foreclosure - but can I keep it anyways (contingency, 2015, foreclosed)

[sakhmet1025]

I'll attempt to keep it brief and simple: 1. Husband decides to buy house, gets financing from bank with only his income. 2. At closing he signs all documents required for loan and property ownership. I only sign the Deed and Mortgage, BUT not the note. 3. After the divorce he is supposed to pay the payments for the house in lieu of alimony for 3 years, after 16 months I get a quit claim deed and a note that says "good luck with the house .
I'm not on the mortgage so the bank will not discuss the loan payments with me or loan status. I do not have the ability to refinance at this time due to various reasons. I find out now that the house is being foreclosed on. I'm named as a defendant but as of today the only document I've received is some affidavit about him not being military.

Soooo any suggestions on how to keep a house that technically I'm the only owner on but have no financial obligation on in regards to the bank. Looks like the initial foreclosure was Dec. 2015. I'm afraid it's getting close to the end where the bank takes the house, but I don't see anything online with the courts as far as a date and time. I realize I need to contact an attorney but that could take awhile to get the money to afford one.

Oh and I live in Florida - not sure if that helps with suggestions

[ShanIAmVA]

What mortgage documents did you sign if you aren't on the mortgage?

Is there a clause in your divorce that says if he defaults on mortgage payments he will need to pay you alimony instead? Is there language in there that says he needs to show proof of mortgage statement upon request? And I honestly doubt you'll ex would sign a quit claim deed unless there was a contingency saying you'd need to secure your own mortgage.

Sounds like you put too much faith in your ex and the divorce attorneys.

If you are NOT on the mortgage my advice would be to cut and run. Use the money you would save for an attorney and secure a nice rental for yourself. It doesn't sound like, based on what you wrote, that you are "technically" the only owner.

And how did you find out you were named as a defendant? If you got a document served, call the place that is suing you. They will tell you what's what.

[ShanIAmVA]

Oh, one last thing -- and you may already know this.

Just because your divorce decree says that you can stay in the house while your ex makes the payments will mean nothing to the mortgage company. That decree doesn't trump a promise-to-pay.