Technically you are breaking your mortgage if you are selling your home unless you are porting this mortgage to another property. You will have to pay the penalties involved in breaking the mortgage unless specified by the lender on your mortgage documents. Banks in most cases do not waive penalties.

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After separating and before divorcing, my now ex-husband agreed through the court system to pay full rent to live at our house while i moved back home with my parents. that was fine with me b/c i couldn't afford the note at the time and he could but he carelessly let the house slip into foreclosure b/c he got behind on the payments. skipping ahead to the present, nobody lives there now and it's been on the market but hasn't been able to sell. it's going to auction in 2 1/2 weeks with both of our names on the title but only mine on the mortgage so only i will be penalized if it auctions. our last ditch effort is selling the house as is for the base price with no profit (which is fine by me) and we've started the process and will be able to meet the deadlines except now our only problem is getting him to sign the contract as well. he is very spiteful and we think he won't do it. any suggestions? i was thinking maybe a pay-off for him to do it but i am already broke as it is. please help me with my bleak-looking future.

All you can do is ask. You don't have time to seek legal action at this point. Unless your divorce decree stipulates that he is to refinance the home in his name, you'll have to be the one to take the hit if he doesn't sign the deed over. You may have some recourse after the fact if it does stipulate he'll refinance. You could at least put a copy of that ruling on file with the credit agencies. Unfortunately, you may just have to write this one off as one of those expensive life lessons learned the hard way.