If your mom died without a will, the laws of the state in which she died would determine who received what assets.
I'm sorry, but there is no simple answer to your question.
You'll need to do some additional research on the title to your mom's home to see if anything changed on the status of the probate of your mom's will, and on the status of the quitclaim deed.
During the course of our marriage, my ex-husband and I purchased a home and later took out a second mortgage on the house.
In the divorce agreement, I was awarded the house and have subsequently been making the regular monthly payments on the primary mortgage.
As the second mortgage was used to pay off items that were mostly in his name, he agreed to pay the second mortgage upon separation, but that was not specifically named in the divorce agreement. For almost four years, he has been making the monthly payments. However, a few months ago, he decided to stop making payments and defaulted on the loan.
My co-workers said that, should he or I neglect to pay this loan, the company would place a lien against the house that would have to be paid at the time of sale. Is there any other recourse that I have in this situation?
Also, I intend to sell the house in the next two years. Can I still sell the house without paying off the loan? Can I still be sued for the amount of the loan at a later time?
I don't know where you live, but your co-workers are misinformed about at least one thing: The second lender could force you into foreclosure if it wanted.
More likely, the second lender already has a lien against your home. When you took out the second mortgage, that second mortgage is a lien on the home. When this house sells, you will not get any proceeds until both of your lenders have been paid off.
You and your divorce lawyer appear to have made a serious mistake by not having the loans specifically named in your divorce agreement.
But beyond that, if you are a co-signer of the second mortgage, you are responsible for that loan, even if your husband used the proceeds to settle his own debts.
Had you named the loan and responsible party in your divorce agreement, you would possibly be in the same place, but you might also have had legal standing to go back to court to force the issue.
Is your ex-husband still listed on the property as an owner? Is he listed on both mortgages as an owner? If so, then he has killed your credit as he has killed his own - probably a small comfort. Hopefully, your ex-husband has given up any legal interest he had in the house.
If you can't afford to pay the second mortgage bill, you have a few choices: You can ask the lender to renegotiate the terms of the payment. You can engage in free budgeting services from a reputable credit counseling agency. Or you can get a second job.
You can also go back to the divorce attorney who assisted you and determine whether you can reopen the divorce proceeding to add a provision to the divorce decree that would make your former husband responsible for the second mortgage.
