A divorce judgment is between a husband and wife. Mortgages and other debts involve third parties. They are not parties to or bound by the divorce judgment. In your situation, your only relief is by taking your former husband to court to have him remove your name from the mortgage. The problem is that if his credit is bad, even if he tries, he will not be able to remove his name because the bank will want as much security as possible regarding the 2nd mortgage. There is nothing that you can do against the bank. Good luck to you.
The bank is correct. The court that issued your divorce had no authority to alter the contract (i.e. promissory note or mortgage) between you and your bank. Therefore, your ex-husband must refinance the loan in his own name in order to remove you from the promissory note or the mortgage. You cannot sue the bank. However, if your husband refuses to refinance or is unable to do so, you can file a motion for contempt of court against him and request that he pay you if his failure is causing you damages (e.g. impaired credit or a deficiency judgment).
DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com
There is a difference between being ordered to assume responsibility and being ordered to refinance or take some other step to end a person's liability for a mortgage. Generally, refinancing or paying off the loan are the only way to cut off your liability. There is also a "novation" but banks will seldom agree to grant one. Note that your ex is responsible for servicing the two mortgages, but you may find that your continuing theoretical liability prevents you from obtaining your own mortgage on an new house.
If you had a lawyer for your divorce, discuss this with the lawyer. If you did not, you may want to consult one so you know your options.
You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.