exhusband to be solely responsible for the indeptedness

owing on the real estate described as a FHA home.in the approximate amount of $32,000. Both parties mutually agree to execute all instruments of conveyance conveying the ownership of the a foresaid property to the respective parties. Ok that is what it said in the decree of dissolution, my problem is this happend in may 1992 in the state of missouri. it is now may of 2004 and me and my current husband applied for a bank loan and find that on my credit report is a forcloser in 2000 on my exhusbands house. which my name was to be removed from the deed. but has not and he still lives in the home that the forcloser was done on. i've talked to FHA and they say my name is still on there and i'm still responsible for the home. and FHA also advised me that they have had so much trouble out of him that they will NOT take a quick claim deed from me and are holding me responsible for this debt. and they will not honor the decree of dissolution. i've contacted the county to see if mine or his lawyers ever filed the quick deed and no, no one had. so my question is HELP PLEASE!

[stephenk]

so for 12 years you never did anything to make sure the terms of the divorce were completed?

i had signed all the papers at the lawyer office in may 1992. Had been told that everything was complete, I did not know that I should check the deed after that because I had been told it was taken care of after I signed the paper work. Hind sight is 20/20 I know now I should have. But my question is now what can I do to fix my credit report and get my name off HIS house? THANK YOU FOR YOUR RESPONCE

[stephenk]

did your attorney tell you that just because you signed the title over to your ex, that it did not remove your name from the mortgage? Who was supposed to refinance the loan to get your name off of the mortgage?

I was told that if i signed the quick claim deed over to him and sense he was a warded the home and contents and the morgage of 32,000 that was it i was not told until 5/13/04 that if he had done that that he would have had to redo a loan on the house. but if he had to redo the loan is that my problem? (guess so now) i really dont know what to do and im sorry if i sound stuiped but i really thought this was long over with! thank you for your response.

Listen, Stephen is more than qualified to continue this discourse with you and I don't mean to step on his toes. However, since he is not here I will ask you two specific questions.

Did the house actually go through foreclosure and if so, how is your ex staying in the home?

How much is owed NOW on the home and is your name still on the deed?

[stephenk]

What you should do is talk with an attorney ASAP. you may have to take the hit on paying off the mortgage to clear up your credit and then go after the ex for reimbursement.

have you talked with your divorce attorney from 1992 to find out why you got such bad advice? Your attorney should have told you that the ex had to refinance the loan to remove your name.

krispenstpeter, Thank you for your response too, I need all the help I can get in this matter. This is what it says on my credit report usda rur dev, remarks: foreclosure initiated, rptd dla ecoa 03/04a 10/03c, opened clsd/pd 08/00, high limit 32.7k, pmt term 231 264mo, $bal 32.0k, $past due 1146. so I assume it was initiated and he paid that amount of $1146.00 to end the foreclosure. but I was never told of any of this and when I asked FHA they told me they had no address for me. To which he has known were I have lived all this time due to the fact we have 3 minor children. I assume he didnt want me to know that my name was still on the deed. And yes it is still on the deed,and when I talked to FHA they will not let me take my name off now because of his bad payment history.

stephenk thank you again for your response and help in this matter, My attorney of 1992 is suppose to call me 5/17/04 about this matter thats why I came to you all with this matter because i figured i needed the heads up in this issue because he seems to not have a clue. (the man didnt even show up for court in may of 1992 because he had a golf game to play) so i wasnt even represented by a attorney the day of court. But I know that aweek or so later I went to his office to sign all the final papers. at least that is what i thought anyway I plan to talk to him monday so if you have any advice i could use i truly would be greatful!! And yes i plan to find another attorney ASAP and thank you both again for your help you have no idea what this means to me.

As I said before, Stephen will be the qualified person to speak with about this.

HOWEVER, as Stephen and others know who have been on this forum for awhile, I DO have an opinion and I play hardball.

After speaking with your attorney and if you are not satisfied with the result, then you need to see a Real Estate attorney immediately. Partition the damn property and let the court sort it out.

The worse that can happen is that the papers were never filed, you are still on the deed and as a result of someone's inattention to detail, you can now force the sale of the house and a 50% split of the proceeds after the house is paid off.

At a minimum, you force your ex to move his ass to protect the home and get your name off the deed and mortgage by refinancing.

Either way, you need to hold his cajones to the fire.

THANK YOU THAT SOUNDS LIKE GOOD ADVICE!!!!!!!!! I dont mind playing hard ball when it comes down to either him or me and i feel that i have been taken advantage of by my x and by my attorney. this has been a learning experiance that i shall never forget, if i ever get out of it sane. THANK YOU AGAIN i am glad that this service is out there for people who really need it. GOD BLESS YOU BOTH!!