Bills Logo

Advice on Foreclosure and Divorce

Mark Cappel
UpdatedApr 15, 2024
Key Takeaways:
  • Divorce and foreclosure are a tricky combination.
  • Consult with an attorney in your state to resolve complex legal matters.
  • An attorney's time is not cheap, but the alternative can be very costly.

My soon to be ex-husband is facing a foreclosure for which I have also received a notice. How will this affect me?

I have received summons for foreclosure for the house that my soon to be ex-husband owns (Florida). We live separately for 3 years, but still legally married. I have recently filed for divorce. the mortgage for the house was never on my name, but since we were married at the time of purchase, I had to sign the paperwork. What are the legal implications of this law suit for me, amd how can I prove that I have no relationship to this matter, or am I supposed to respond to this summons? Thank you.

The first matter that we would need to clear up is the nature of the response that I am about to give to you. You specifically asked me to detail the "legal implications" of this foreclosure lawsuit for you. I must make it absolutely clear that my answer is not legal advice, and that I cannot advise you concerning the "legal implications" of any situation regardless of how simple the issues may seem. Legal advice must be given by an attorney licensed by the state where the situation is unfolding. These rules exist to protect you, the consumer and layperson, from receiving and acting on inaccurate statements, purporting to be legal analysis, that may be operative in one state, but entirely inapplicable in your state or the state having jurisdiction of the matter.

If you are not represented by an attorney for this divorce you will probably want to at least have a consultation with a domestic relations attorney in your area. There are so many pitfalls and traps for the unwary in a divorce case, whether contested or uncontested, it would be unwise to try to file your own complaint and get your husband served without the required expertise relating to your state laws and your local court.

In regard to the foreclosure, you may be receiving the foreclosure summons as a presumed occupant, not because you are a party to the case. However, since I cannot see that document and am not licensed to practice law in Florida, I will not try to interpret the pleadings or complaint you received or tell you what action is necessary on your part to defend yourself in this case, other than telling you that you need to seek legal counsel as soon as possible, as the time allowed for a response, if needed, is limited.

I understand that hiring an attorney can be expensive, but given the complexity of your situation (foreclosure action with a pending divorce), you should hire an attorney as soon as possible to assist you in this matter. The Florida Bar Association can provide you with a referral to a qualified attorney—visit the attorney referral service at . If you cannot afford to hire an attorney, your local Legal Aid Society may be able to provide you with reduced cost representation, or at least tell you what legal resources are available in your area for people of modest means.

I wish you the best of luck in resolving these issues, and hope that the information I have provided helps you Find. Learn. Save.



Dealing with debt

If you are struggling with debt, you are not alone. According to the NY Federal Reserve total household debt as of Quarter Q4 2023 was $17.503 trillion. Student loan debt was $1.601 trillion and credit card debt was $1.129 trillion.

According to data gathered by from a sample of credit reports, about 26% of people in the US have some kind of debt in collections. The median debt in collections is $1,739. Student loans and auto loans are common types of debt. Of people holding student debt, approximately 8% had student loans in collections. The national Auto/Retail debt delinquency rate was 4%.

Collection and delinquency rates vary by state. For example, in Washington, 13% have student loan debt. Of those holding student loan debt, 6% are in default. Auto/retail loan delinquency rate is 2%.

To maintain an excellent credit score it is vital to make timely payments. However, there are many circumstances that lead to late payments or debt in collections. The good news is that there are a lot of ways to deal with debt including debt consolidation and debt relief solutions.



JJoe Heller, Aug, 2010
It's "affect", not "effect". "Effect" is a noun, "affect" is a verb.