I helped my ex-husband get a modified loan believing that I would be absolved of the mortgage responsibility. Not so. He claims he can't afford a refi, and is making the mortgage payments with no problem. He got a modified loan because he couldn't afford a refi. I want something of my own. What now?
This is a common problem. If he has tried to refinance and he can't there isn't anything that can be done. Ask him for proof that he has tried yearly. You could ask the mortgage company to release you but they would be highly unlikely to do so.
This does not establish an attorney/client relationship. Dallas, Denton, Collin and Tarrant County, Texas practice area. Principal office located in Lake Dallas, Texas.
You are probably stuck. Your attorney would have advised against this, but you've figured that out now.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
This may not help you at all... but we had a client is a similar situation. We referred her to a real estate attorney who was able to solve the problem. Not sure how it was worked out, but the ex-husband really tried to help. So, in an attempt to solicit help form a real estate lawyer, I am reclassifying your question as involving real estate.