Question:

My boyfriend's business has completely gone under because of the economy. He is now facing foreclosure. He tried refinancing and loan modification and has been denied. He also has the house up for sale. In his divorce decree he was ordered to remove his ex-wife's name from the mortgage. Can she take him back to court if the house goes into foreclosure?

Answer:

I must inform you that I am not licensed to practice in Colorado. However, Cordell & Cordell has many attorneys licensed and located in Colorado who would be happy to help you. Because each state has different laws governing dissolution of marriage, it is important that you contact a domestic litigation attorney licensed in Colorado prior to taking any action.
 
Based on the facts you have given me, the court ordered your boyfriend to remove his ex-wife’s name from the mortgage.  If he has removed his ex-wife’s name from the mortgage as ordered by the court, then she would have no reason to take him back to court over the mortgage.  However, if your boyfriend has failed to remove his ex-wife’s name from the mortgage, then she can take him back to court to enforce the order regardless of the status of the house.  It all depends on whether or not her name is still attached to the mortgage.

Steven “Lee” Akins, Jr. is a Staff Attorney in the Memphis, Tennessee office of Cordell & Cordell, P.C. Mr. Akins practices exclusively in the area of domestic relations. He received his BBA in Finance from Southern Methodist University and continued his education to receive his Juris Doctor from Texas Wesleyan University.