HELP! How do i make my divorce decree work for me?

[4cwinn]

My ex husband and i have been divorced for about a year, as part of the settlement agreement, he was to keep our home and he was to refi it removing me from the paperwork. He had 1yr to do so, and if he didn't, he was to put the home up for sale, and I was to be indemnified of all profit, fees, or deficit as of the date of our separation. He ended up selling in a short sale w/ a deficit and because my name was still on the loan paperwork i am still affected. How can i make my divorce decree work for me to have this mess placed solely on him since this was what we both agreed to, and the judged awarded? Our divorce documents clearly state that he agreed to be solely responsible for the home since i agreed to walk away from it. Will the credit bureaus, even give me the time of day and read my divorce papers?

 

[irish223]

My ex husband and i have been divorced for about a year, as part of the settlement agreement, he was to keep our home and he was to refi it removing me from the paperwork. He had 1yr to do so, and if he didn't, he was to put the home up for sale, and I was to be indemnified of all profit, fees, or deficit as of the date of our separation. He ended up selling in a short sale w/ a deficit and because my name was still on the loan paperwork i am still affected. How can i make my divorce decree work for me to have this mess placed solely on him since this was what we both agreed to, and the judged awarded? Our divorce documents clearly state that he agreed to be solely responsible for the home since i agreed to walk away from it. Will the credit bureaus, even give me the time of day and read my divorce papers?

Unfortunately, I don't think there's anything you can do now. Sorry.

 

[luvsspike]

If he didn't refinance, you would have or should have been aware of the short sale since your name was still on the house and financing. Did you sign a quit claim before the short sale?

 

[4cwinn]

i was aware of the short sale, and i was never advised by my attorney that a quit claim was needed on my part...at this point all i have is my final divorce decree and it spells it out in detail that he agrees to take full responsibility for the home whether by profit or loss, and he was to show a good faith effort to refi within the time frame given, if it was not refinanced he would then have to put it on the market. Due to the poor market no one would refi him to get me off the loan.

 

[irish223]

It seems that he did make a good faith effort to comply with the terms of the order. He assumed the financial burden of the short sale, but since your name was still on the mortgage, your credit is also affected. Nothing in your divorce decree can persuade the lender, or credit bureaus, to change that.