What are my liabilities if I signed the Note?

The liability attached to a note is in personem meaning that it follows the person. In Ohio, the entity enforcing the note can sue that person for up to two years from the date of the sale or the confirmation of the foreclosure sale. If you receive a discharge in bankruptcy, then you generally are not liable for the Note unless you reaffirmed or said that you would be liable as though you never filed the bankruptcy. Even if your spouse holds you harmless for the Note in the divorce, the mortgage company always ignores the divorce decree and holds you liable as a co-signer of the Note until your spouse refinances or completes payments on the loan. Each signer is 100% liable. It’s called joint and several liability. You then should talk to your divorce lawyer about a contempt action versus joining your ex-spouse into the lawsuit because in a contempt, you can recover your attorney fees easier. Be careful if you are involved in a short sale or deed-in-lieu of foreclosure. You must obtain a waiver of any deficiency balance in writing. A deficiency balance is the amount owed on the note and the amount of the sale.

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