Ex-husband ruining credit

Plain and simple: Divorced 3 years ago, signed over 2 year
old house to ex-husband via Quit Claim Deed while agreeing
that he would refinance home and remove my name from HomeSide Lending Mortgage. This took place in front of judge and both attorneys. When my divorce papers arrived in mail, nothing was printed regarding the refinancing of home. Since this time, my credit report shows I am way beyond my credit limit (owed vs. income) as a $99,000 home is listed. Also, a Jeep Cherokee that was in his possession has been repossessed as he did not make the payments. Both of these 2 credit issues are resulting in me not being able to get a $500 credit card, car loan - nothing. I personally have paid all my bills on time and even in advance. WHAT CAN I DO TO KEEP HIS POOR CREDIT FROM REFLECTING ON MINE? ALSO, HOW CAN I REMOVE MY NAME FROM THE HOME THAT I HAVE NO ACCESS TO AND NO LEGAL RIGHTS TO?

[I AM ALWAYS LIABLE]

Originally posted by Sara Bush
Plain and simple: Divorced 3 years ago, signed over 2 year
old house to ex-husband via Quit Claim Deed while agreeing
that he would refinance home and remove my name from HomeSide Lending Mortgage. This took place in front of judge and both attorneys. When my divorce papers arrived in mail, nothing was printed regarding the refinancing of home. Since this time, my credit report shows I am way beyond my credit limit (owed vs. income) as a $99,000 home is listed. Also, a Jeep Cherokee that was in his possession has been repossessed as he did not make the payments. Both of these 2 credit issues are resulting in me not being able to get a $500 credit card, car loan - nothing. I personally have paid all my bills on time and even in advance. WHAT CAN I DO TO KEEP HIS POOR CREDIT FROM REFLECTING ON MINE? ALSO, HOW CAN I REMOVE MY NAME FROM THE HOME THAT I HAVE NO ACCESS TO AND NO LEGAL RIGHTS TO?

My response:

I was attracted to your Board name, "Sara Bush", not because it's the last name of our new President; rather, yours is very, very, famous in history. If you weren't already aware, Sara Bush Johnston Lincoln was the name of President Lincoln's step-mother. As such former President George H. Bush, as well as his son, our new President, are related by marriage to President Lincoln. One can only hope that President George W. Bush will be as good, kind and benevolent as President Lincoln. Time will tell.

Anyway, on to your problem. First the easy one - - the car. Since the vehicle was in both names, and it was not refinanced by your ex, the unfortunate fact is that the repossession will be on your credit record for the next 3 years. That should have been dealt with better in the divorce decree.

Insofar as the house is concerned, again, that was not dealt with properly at all. A quit claim deed only transfers right and title to the house; that you no longer have any "say-so" over what happens to the house. Your attorney made the strategic error by not compelling a refinance of that home, say, within 4 months of the divorce. By not so doing, and despite the quit claim deed, your name still appears on the loan papers and mortgage. Also, as a result of the quit claim deed, you have little to no control over what happens to your credit as a result of a potential failure of your ex to pay the mortgage payments.

Because of the error your attorney made, your only hope to save your credit, and to get your name off of the mortgage, is to start a new lawsuit for "Partition", which if successful, will get you an order that 1) the house be refinanced or, 2) if he's unable to refinance, to cause the house to be sold - - and in either case will cause your name to be taken off the current loan.

Further, as a result of your attorney's error, you will now be caused to incur further costs and expenses of litigation to procure the orders of Partition.

I would have your new attorney have a serious discussion with your divorce attorney; such discussion to include a request for your former attorney's "Errors and Omissions" insurance coverage so that you might be able to make a claim for Malpractice.

I wish you the best, Ms. Bush.

IAAL

[Edited by I AM ALWAYS LIABLE on 01-20-2001 at 03:56 PM]

To: IAAL: Thank you very much for your message. I enjoyed very much the bit of history surrounding my name. I wish we could stay in touch.

Thank you also for the insight regarding the mortgage loan. I must do something in order for my credit and loan strength to be anything over the next 30 years! I am off to seek a new attorney. Wish me luck. Thank you!