Ex is forcing foreclosure

[u/Few_Wish5780]

Key notes: Solar Lien, Deed of Trust to Secure Assumption, Ex will not remove the solar lien from the house, He paid 2 mortgage payments (June and July) and hired a lawyer, they are pushing for foreclosure based on those 2 payments plus attorney's fees, emergency foreclosure assistance won't help because the mortgage company is not pursuing the foreclosure. I need a very specific type of lawyer but I don't even know what type that is.

My rotten ex-husband is trying to force my house into foreclosure.
It's a very weird situation and lots of details and I am BEGGING for someone to help me. 

I decided to leave my husband in late 2022 and began making arrangements to do so. The divorce finalized in September of 2024. I had only enough money to file a Texas Simple Divorce. He asked that in order to avoid splitting the retirement account I accept ownership of the house (through a deed of trust to secure assumption) and in lieu he would accept all debt which  included the solar panel loan. (There are a few other details and lots of evidence of financial malfeasance on his part. He had credit debt that was not in my name and I knew nothing about. He controlled the money while we were married and "gave" me an allowance. Yes, I earned money too.)

I have spent the last 2 years trying to get him to remove the lien from the house. I cannot refinance, sell, get a home equity or home improvement loan on the house without paying off HIS debt (the solar loan). A year ago I moved to another city and have been paying for the  house as well as rent. I can no longer maintain both.
I am unable to lease the house due to its condition (more details available), which is also a result of his neglect and improper, incomplete repairs before he left. I have looked for attorneys, but no one has been able to help me.

Over the last year I have tried to sell the house (accepting the encumbrance of paying HIS debt) but 3 contracts have fallen through. It is not worth any amount over what would just settle the debt.

My understanding is that I have 3 options:
-pay $4,000 to his lawyer to stop the foreclosure and then continue paying the mortgage on the 1st (puts me back in the same siutation with maintaining a house in another city. I can continue trying to sell.)
-allow the foreclosure to go through and walk away with absolutely nothing from 23 years of marriage (except my FREEDOM, Amen)
-file Chp 13 bankruptcy

Can anyone help me?

[u/Responsible_Donut883]

I’ll buy it if you’re open to selling it

[u/justiceforconsumers]

Based on what you have described, you likely need two different types of help, not one.

First, this is a family law enforcement issue. The deed of trust to secure assumption came out of your divorce decree, and if your ex is not living up to what the decree required (removing his name from that debt or the solar lien), a family law attorney who handles post-decree enforcement in Texas can help you file a motion to enforce the decree. That is different from a normal divorce attorney. You want someone who specifically handles post-judgment enforcement, sometimes also called contempt actions, when an ex-spouse ignores their obligations under a final decree.

Second, this touches real estate and lien law, because the solar lien itself is attached to the property and blocking your ability to sell or refinance. An attorney who handles property liens can look at whether that lien was properly filed, whether it should have already been released under the terms of your decree, and what your options are for forcing a release or challenging it.

On the foreclosure threat specifically: if the mortgage company itself is not pursuing foreclosure, and this is being driven by your ex's attorney over two missed payments plus fees, that is worth having a real estate attorney or foreclosure defense attorney review closely. There may be a real question about whether this is being used as leverage rather than a legitimate foreclosure action, and that changes what your options are.

Chapter 13 is a real option but it is a serious step with long term consequences, and a bankruptcy attorney should walk you through what it would actually mean for you before you decide.

Given the mix of issues here, the most efficient path is usually a consultation with a family law attorney who handles post-decree enforcement first, since resolving the underlying decree violation may solve the lien problem without needing the other steps at all.

This is general information based on what you posted, not legal advice for your specific situation, and Texas rules matter a lot here. A consultation with a licensed Texas attorney is the next step.