Post-Divorce Mortgage issue

[Jason C.]

Good morning BP!

My wife was married before, and she left him with the house and the mortgage that they had on it. The divorce decree does not require him to refinance to get her name off of it, but now that he's late on his mortgage payments, its affecting her credit score negatively. Is there a way to solve this that does not involve thousands of dollar in lawyer's fees? Do we have to sue him for it? This home is in Texas, and the ex- is not very cooperative.

[Wayne Brooks]

Yes, she can ask but will result in a foreclosure most likely.  Without being on title, she can't force a partition sale.  I see this in short sales, without the sub2, I believe she's unfortunately stuck.  Another example of the issues with doing a sub2 with some yahoo off the street.