Need some honest advice

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mmcgary03

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Let me start from the beginning......back in June of '04 before my ex-husband & I seperated, we had refinanced our home. Being that I was not working at the time, the bank said that there was no reason to add me to the mortgage loan because it would not benefit us. So my ex-husband is the only person responsible for the loan, I did sign the deed being that the land was originally in my name. A few months later we seperated and in May '05 our divorce was final. In the property settlement agreement, I had signed off all rights to the property and it also states that my name was to be removed from all joint accounts, loans, etc. In June of '05 I ended up filing bankruptcy due to the fact that my ex-husband ran up $30,000 in credit card debt on my cards. The property was not listed on my credit report, I had no assets (which I knew), and the bankruptcy was final in November of '05. I thought the whole mess with my ex-husband was behind me until three weeks ago when I received mortgage foreclosure papers in the mail. I had sheriffs in three different counties trying to serve me with these papers, due to circumstances I didn't want my ex-husband to know where I live, thanks to this law firm that is suing us he now knows where I live. I called the law firm handling the case and spoke to a gentleman that apparently didn't know the law very well at all. I asked him why I was being sued for something that I have no financial claim to, he stated that he has papers that I signed showing me responsible for the loan. I explained about the divorce and gave him the book & page number from the courthouse where he could find the new deed, he put me on hold for less than two minutes and said that it didn't matter I was still partially responsible. I asked him why this loan was not showing on my credit report - he stated that they don't research credit reports, I thought that whenever you take a loan out or sign for any money that loan would show on your credit report. I also asked him why this house was not taken in my bankruptcy in '05 - he said that my ex-husband was paying on it at the time - I thought it would still show as an asset if I had signed the loan. Everytime I asked him a question he had to put me on hold, he'd then come back on with the same answer - he had papers that I signed. Am I going to have to hire an attorney to take care of this matter or is it just some threat to see if I'll pay? I'm also very upset that they released confidential information to my ex-husband who I have a PFA on. Can I hold them responsible if something happens to me because of this? Their investigator didn't do a very good job at all - she knew nothing of the divorce, PFA, new deed, or that I had remarried. Please help me - I have no idea what steps I should take if any. :confused:
 
Let me start from the beginning......back in June of '04 before my ex-husband & I seperated, we had refinanced our home. Being that I was not working at the time, the bank said that there was no reason to add me to the mortgage loan because it would not benefit us. So my ex-husband is the only person responsible for the loan, I did sign the deed being that the land was originally in my name. A few months later we seperated and in May '05 our divorce was final. In the property settlement agreement, I had signed off all rights to the property and it also states that my name was to be removed from all joint accounts, loans, etc.
Sorry to hear about all your problems... they do sound challenging. :( I'm not sure what you mean here. I'm guessing that if your name was ever on the deed then it was on the mortgage. If you would be removed from the mortgage entirely as a party (e.g. a guarantor, someone responsible for the loan) the bank would have to be involved to allow you to be removed. It doesn't matter what else you do between you and your husband.

In June of '05 I ended up filing bankruptcy due to the fact that my ex-husband ran up $30,000 in credit card debt on my cards. The property was not listed on my credit report, I had no assets (which I knew), and the bankruptcy was final in November of '05. I thought the whole mess with my ex-husband was behind me until three weeks ago when I received mortgage foreclosure papers in the mail. I had sheriffs in three different counties trying to serve me with these papers, due to circumstances I didn't want my ex-husband to know where I live, thanks to this law firm that is suing us he now knows where I live. I called the law firm handling the case and spoke to a gentleman that apparently didn't know the law very well at all. I asked him why I was being sued for something that I have no financial claim to, he stated that he has papers that I signed showing me responsible for the loan. I explained about the divorce and gave him the book & page number from the courthouse where he could find the new deed, he put me on hold for less than two minutes and said that it didn't matter I was still partially responsible. I asked him why this loan was not showing on my credit report - he stated that they don't research credit reports, I thought that whenever you take a loan out or sign for any money that loan would show on your credit report. I also asked him why this house was not taken in my bankruptcy in '05 - he said that my ex-husband was paying on it at the time - I thought it would still show as an asset if I had signed the loan. Everytime I asked him a question he had to put me on hold, he'd then come back on with the same answer - he had papers that I signed. Am I going to have to hire an attorney to take care of this matter or is it just some threat to see if I'll pay? I'm also very upset that they released confidential information to my ex-husband who I have a PFA on. Can I hold them responsible if something happens to me because of this? Their investigator didn't do a very good job at all - she knew nothing of the divorce, PFA, new deed, or that I had remarried. Please help me - I have no idea what steps I should take if any. :confused:
There are a lot of items here that seem fact intensive and this will take a long time to figure out. First of all I'd say take it easy, you'll sort this out and sometimes it takes people a lot longer. As I mentioned above, there are two different items here -- the deed which concerns who owns the property and the mortgage which states who is responsible for payments on the property. Were you removed from the mortgage? (I believe the term is called a "novation" where a party is allowed to leave a contract like a mortgage without penalty.) Find out about this because I'm guessing the deed is not really why the attorney is coming after you -- it's about your name being attached to the mortgage.

Hope this helps and I wish you good luck. Let us know if we can help you sort through things.
 
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