Am i required to pay leinholder if i am not on mortgage?

Question

My home was lost in a fire. I had homeowners insurance butd the mortage was only in my xhusbands name, He was suppossed to keep insurance for the leinholder. He didnt.

Since I am not on the mortgage. Am I responsible to pay off mortgage to leinholder with insurance proceeds. I want to put another home there. Not just be left with empty lot which is what they want to do. If I do not pay them what can they do. Again I am not even on the mortgage. My husband was to file quit claim deed to me in divorce proceedings but I had nothing to do with mortgage on mobile home. do i have a right to refuse to pay it off and to get another mobile home and put there instead so i wont be left homeless. xhusband refuses to pay child support and we need a home for me and my three children. ps my name is was title but not on mortgage.

Answer 1

Not enough info to help, sorry.

But if your name was on the title you DO have an insurable intrest, and the check is going to be made payable to you, if your ex is on the insurance his name will be on it, and if your leinholder is listed on the insurance there name will be listed on it.

You will not be able to cash this check without signatures of authorization from each listed party on the check. If you owe the bank money, dont think they are going to let you walk away with their check.

Answer 2

What State are we talking about? Is it a "community property" State?

Might not hurt to talk with the attorney that handled your divorce.  If not, perhaps your first visit to an attorney is usually free, so, call one and go by.

So...if it burned...who got the insurance money? Normally the policy would have a lienholder listed and their name would have been on the claim check to protect THEIR interests (which, by the way, are MORE than yours.)

I thought the wife always got the mobilehome in a divorce anyway.........

Good luck and I hope this helps!

Answer 3

First off, you can not insure what you don't own.  

You need to proceed with extreme caution here.  The insurance company could nullify your policy if they find out that you really don't own the property.  You should see a lawyer so you will know your rights.  If you don't have money for a lawyer you will probably have to let the insurance pay off the mortgage if the mortgage company is listed as lien holder on the policy.

Answer 4

You need a lawyer..... ASAP.... This is not a situation you can resolve online.  I suspect if your name was on the house title you can be held responsible.    You also need to get a lawyer to motivate your ex to pay child support....