bad credit

[bad credit`]

What is the name of your state?TX

divorced 7 years ago, ex wife got the house,
I assumed she was paying the mortage.

late all the time on payments in past 46 months late 1 once 60 days 11 times 30 days

she does not work her credit is terrible, how can I clear my credit? other than this mortage my credit is good.

Any ideas?

 

[Starry809]

your ex got the house...
If she was awarded the house, then you shouldve contacted the mortgage company and had your name removed (or she should have). All you had to do was send a copy of the divorce order (the FINAL order) to the mortgage company, and they wouldve taken your name off it.
If you didnt, and she didnt, then contact the mortgage company, mail them a copy of the divorce final order, stating she got the house. (theres also a small section in "most" divorce decrees that states you are no longer responsible for her debts and she yours 'blah blah blah'. )
If you did this, then obviously the mortgage company didnt remove you. call them and, again, mail them a copy of the divorce decree.
then contact the credit agencies via letter, with a copy of the divorce decree stating she got the house. Ask them to remove this debt from your report immediately the credit agency then has to remove the debt listing until an investigation is done (this will involve them contacting the mortgage company and verifying you are not on the loan any longer). Make sure to write a letter in with the divorce decree to the credit agencies stating you have not been responsible for this loan since ____ (date of final divorce).

double check your divorce decree to MAKE certain she did in fact get awarded the house.
If she did, the mortgage company isnt going to know this unless someone tells them. tell them. and make sure you give them a copy of the divorce decree and verify the date.

What is the name of your state?TX

divorced 7 years ago, ex wife got the house,
I assumed she was paying the mortage.

late all the time on payments in past 46 months late 1 once 60 days 11 times 30 days

she does not work her credit is terrible, how can I clear my credit? other than this mortage my credit is good.

Any ideas?

 

[bad credit`]

I have contacted the Mortgage Company; they stated they would not remove my name, as the divorce does not relinquish me from the contract. REALLY SUCKS

I am going to send over the divorce degree to the Mortgage Company and request they put a statement in the Credit report

 

[sddad]

Sorry to hear that you are going through this problem. It's too bad that you didn't make her refinance to take your name off the mortage when the settlement was reached. This should have been done at the time everything was still fresh. I'm sure she made you signed a Quit Claim back then too. Unfortunately, the mortage company doesn't care what the divorce decree says. To them you are still on the hook until your name is taken off. She could go on and on making late payments and drag you down as well. The worse scenario would be for her to file bankruptcy and since you are on the hook you would be responsible for paying off the debt. Think about that. Without her refinancing to take your name off the mortgage there are only a few options left for you to do.

The options are:

1) Talk to her and explain to her to take your name off since this is the only tie that you guys have with each other. She can either refinance or sell the house.
2) Tell her that if she doesn't comply you will have to take her back to court to force the sell of the house if she doesn't comply and will ask her to pay for all legal fees. It will be costly to all parties especially to her as well.

Good luck with this.

 

[bad credit`]

I am thinking about having her served, my lawyer has drawn up the paper work, basically have a court order that if she is late I have the right to obtain the house,

I pay 1500/month child support, and the note is 800 and she isnt living there.

 

[LdiJ]

I am thinking about having her served, my lawyer has drawn up the paper work, basically have a court order that if she is late I have the right to obtain the house,

I pay 1500/month child support, and the note is 800 and she isnt living there.

If she isn't living in the home then I think that your best bet is to try force the sale of the home.

 

[minerzlegal]

Been There

I have been through exactly what you are going through, but my ex lived in the house. The divorce decree stated she would have to refinance the home, but of course her credit without my input would not allow her to do so. I rode it out until they forclosed on the home and forced her out. then my ex filed bankruptcy. I then took over the home, paid for it and got rid of it. This may not have been the best way, but it was my way. The bank filed a judgement that ended up on my credit report and refused to report it settled as they gave me something about not having my right SSN to clear it up. I put them on notice and ended up suing the bank which promptly cleared the judgement. I then obtained a copy of my credit report, and went through the ordeal of sending the divorce decree to them along with an explanation of what happened. It finally disapeared. I have found that divorce decrees are about as much good in settleing debts as the roll of tissue we all use in the bathroom. I found that some ex's would rather do anything they think is good for them and bad for you. No matter the cost. All good things come to pass, as my ex bought a new pickup and signed my name to the contract. She is now doing 5 years for fraud. Took me a while to get my credit back to where it should be, but I sure did enjoy the fraud case against her. Good luck.

 

[LdiJ]

One of the things that its soooooo important for people to realize is that creditors are NOT parties to divorce decrees. Therefore creditors are not legally required to honor divorce decrees and most of them won't. Therefore its critical that when it comes to houses and cars that either they are sold as part of the divorce (or you are certain that you have an ex who cares about their credit just as much as you care about yours)...or there is an ironclad requirement that they be refinanced within a certain amount of time or then sold.

Credit cards are just as bad.

Despite the fact that I trust my ex (we are actually good friends) he is terrible with money. Therefore when we split up I kept ALL the debt (and an equal amount of assets) so that I could be certain that the debts were actually paid, and paid on time. I refinanced what needed to be refinanced as quickly as possible....and paid off the rest as quickly as possible.

Seriously...someone should never rely on a divorce decree to get them "off the hook" for a debt. It doesn't work that way.

 

[Starry809]

same idea as previous posts

What is the name of your state?TX

divorced 7 years ago, ex wife got the house,
I assumed she was paying the mortage.

late all the time on payments in past 46 months late 1 once 60 days 11 times 30 days

she does not work her credit is terrible, how can I clear my credit? other than this mortage my credit is good.

Any ideas?

 

[pamoore]

AR When I divorced, I let my ex have the house. In the settlement I agreed to sign a "QUITCLAIM" - this took me off the mortgage.

 

[LdiJ]

AR When I divorced, I let my ex have the house. In the settlement I agreed to sign a "QUITCLAIM" - this took me off the mortgage.

I hate to tell you this but the quitclaim only took you off the deed. It did NOT take you off the mortgage unless your ex refinanced.

 

[Starry809]

strange, when i divorced, I got awarded the house. I sent a copy of the divorce decree and court order to the mortgage company, and they took his name off. I remember, because he was anxious for me to do this as he wanted to buy another house of his own, and couldnt with his name still attached to my house.
When I later refinanced with my new husband (years later), my ex didnt even have to sign papers, as his name was no longer on it. Im certain I didnt refinance it myself before that, as I didnt have the credit to be able to do it at that time.
Im wondering if I forgot a step in there that I took if its not possible to handle it this way.

I hate to tell you this but the quitclaim only took you off the deed. It did NOT take you off the mortgage unless your ex refinanced.

 

[LdiJ]

strange, when i divorced, I got awarded the house. I sent a copy of the divorce decree and court order to the mortgage company, and they took his name off. I remember, because he was anxious for me to do this as he wanted to buy another house of his own, and couldnt with his name still attached to my house.
When I later refinanced with my new husband (years later), my ex didnt even have to sign papers, as his name was no longer on it. Im certain I didnt refinance it myself before that, as I didnt have the credit to be able to do it at that time.
Im wondering if I forgot a step in there that I took if its not possible to handle it this way.

Then you were lucky enough to have a mortgage company who was willing to do that. Most won't.