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Facing forclosure after divorce, seeking advice

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by HRacine78, Jun 24, 2009.

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  1. HRacine78

    HRacine78 Law Topic Starter New Member

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    Heiio All,

    I am seeking legal advice as I seem to be chasing my tail in this matter.

    I co signed on a mortgage back in 2005 with who is now my ex-husband. As part of the divorce decree, I was to sign off on the deed within 90 days of the divorce and I did. He was to refinance within 1 year and has not as he fell behind on the payments and the mortgage company wouldn't allow that until he caught up on what was owed.

    Long story short, I have not lived in the house in almost 3 years, and our divorce was finalized in January of 2008. As part of the divorce decree, he was to be the one solely responsible for the property/mortgage. Since he is currantly 14 months, yes 14 months behind on the mortgage it's no surprise that the house is facing forclosure...

    My main concern is the black mark on my credit report.. I have a copy of the divorce decree that states he is responsible, The mortgage company refuses to take me off the loan, and says he has to refinance in order to take me off.. I called the credit bureaus to dispute the bad marks on my credit and they said the'd talk to the mortgage company.. seems the divorce decree holds no weight at all.

    The best I can figure is to wait for the forclosure and then dispute my issues with the credit bureaus...

    Is there anything I can do?
    Thank You any advice, it's much appreciated :angel
     
  2. Theresagail

    Theresagail New Member

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    You need to get that house sold or work something out with the mortgage company-- a divorce decree is a civil issue-- any and all of your contracts you have with any financial institution that is before your divorce supercedes your divorce decree. The divorce is between you and your ex not the companies that borrowed you money.

    You can file for a motion to haul your ex back into court for not upholding his end of the bargain.
    Other then that, you need to get out from under the loan docs on the house, not the deed ( seems that you are now liable for the loan but not a owner in the home?-- not good) -- the only way to do that is to sale it or pay them current -- your credit is already hurt and will remain that way. They wont remove it from your credit no matter how many times you dispute it. Unless one day they don’t respond to your dispute in time.
     
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  3. HRacine78

    HRacine78 Law Topic Starter New Member

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    Seems are just as I figured and I don't really have a leg to stand on.

    The ex has ruined my credit and is only making matters worse by not selling the house when he knew he couldn't afford to make the payments 14 months ago.

    There is probably a very slim chance that I could get a loan to make up for his lack of payments, and the try to sell the house.

    Well, at the very least I hope that others will learn from my situation.

    Thank You Theresagail for your advice :)
     

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