What is the name of your state (only U.S. law)? TEXAS
Good day – I’m in quite a pickle. I am being sued for nonpayment of my mortgage by my ex. We split due to finding out the ex’s infidelity. And now the details…
We have been divorced for 4 years now. I took the house and credit card expenses as she was not financially capable of doing so. I thought it would hurt my credit if she decided to stop paying. Of course, this did not relieve her of the mortgage. As we know, and I came to find out a year or so after the divorce, the mortgage company does not recognize a decree of divorce.
I have been making the payments faithfully. I’ve been working 2 jobs to make ends meet. I have been remodeling the house month by month, little by little. The house was in shambles when I moved back in. (I was in an apartment at the time we were separated and she would house sit animals along with her pets and let them leave their bodily waste on the floor...which damaged the flooring among other things that were done). However, last year my area was hit by hurricane Ike. I had to get prepared and make sure the place would stand and was livable for my two pets and brother who was staying with me at the time. The mortgage company made me aware that they were working out a repayment plan for all those in my area because of the hurricane. I asked the rep. of the mortgage company if this would hurt my credit (because I wasn’t the only name on the mortgage being affected). He assured me “YES, it will be fine. As long as you pay the repayment on time” No problem. With the repayment plan, I was allowed to miss two months. I took advantage of it suspecting nothing.
In March of this year I received a letter from the ex's attorney telling me to get make payments or I'd be sued. I called the attorney and he made it quite clear of that fact. I thought, I don’t want anyone to be affected by this. It scared me. So I called the mortgage company and found out that yes…indeed it was true. It affected our credit. I was not happy, to say the least. I paid the amount in full to get off the repayment schedule and was being charged my normal mortgage rate once again. I received a letter from the mortgage company stating I’m up to date on the mortgage payments as well.
Now, just this past week, I was served with a suit from her stating I have not been making timely payments, more specifically I was 60 – 90 day’s late on a mortgage payment. The suit asks the court to throw me in jail for this and after said time, to put me on probation for many years after.
I have started looking for an attorney. However, is there some way to avoid all this? I am no slouch. I have a good job and 2nd job as well. I’ve never been in an event such as this. Very worrisome. I'm a good person and can not believe this. I have attempted assuming the loan and refinancing as well. I don't qualify. Perhaps if I attempt taking the 60 - 90 day's off of the credit report by asking the mortgage company to do so since I've bee current and been a good payor of my loan.
I keep saying God will get me through. It is another test. However, my life could be in ruin just because of trying to do what I thought was right?
What is the name of your state (only U.S. law)? TEXAS
Good day – I’m in quite a pickle. I am being sued for nonpayment of my mortgage by my ex. We split due to finding out the ex’s infidelity. And now the details…
We have been divorced for 4 years now. I took the house and credit card expenses as she was not financially capable of doing so. I thought it would hurt my credit if she decided to stop paying. Of course, this did not relieve her of the mortgage. As we know, and I came to find out a year or so after the divorce, the mortgage company does not recognize a decree of divorce.
I have been making the payments faithfully. I’ve been working 2 jobs to make ends meet. I have been remodeling the house month by month, little by little. The house was in shambles when I moved back in. (I was in an apartment at the time we were separated and she would house sit animals along with her pets and let them leave their bodily waste on the floor...which damaged the flooring among other things that were done). However, last year my area was hit by hurricane Ike. I had to get prepared and make sure the place would stand and was livable for my two pets and brother who was staying with me at the time. The mortgage company made me aware that they were working out a repayment plan for all those in my area because of the hurricane. I asked the rep. of the mortgage company if this would hurt my credit (because I wasn’t the only name on the mortgage being affected). He assured me “YES, it will be fine. As long as you pay the repayment on time” No problem. With the repayment plan, I was allowed to miss two months. I took advantage of it suspecting nothing.
In March of this year I received a letter from the ex's attorney telling me to get make payments or I'd be sued. I called the attorney and he made it quite clear of that fact. I thought, I don’t want anyone to be affected by this. It scared me. So I called the mortgage company and found out that yes…indeed it was true. It affected our credit. I was not happy, to say the least. I paid the amount in full to get off the repayment schedule and was being charged my normal mortgage rate once again. I received a letter from the mortgage company stating I’m up to date on the mortgage payments as well.
Now, just this past week, I was served with a suit from her stating I have not been making timely payments, more specifically I was 60 – 90 day’s late on a mortgage payment. The suit asks the court to throw me in jail for this and after said time, to put me on probation for many years after.
I have started looking for an attorney. However, is there some way to avoid all this? I am no slouch. I have a good job and 2nd job as well. I’ve never been in an event such as this. Very worrisome. I'm a good person and can not believe this. I have attempted assuming the loan and refinancing as well. I don't qualify. Perhaps if I attempt taking the 60 - 90 day's off of the credit report by asking the mortgage company to do so since I've bee current and been a good payor of my loan.
I keep saying God will get me through. It is another test. However, my life could be in ruin just because of trying to do what I thought was right?
What is the name of your state (only U.S. law)? TEXAS