Home after a divorce.

[jodyh1974]

What is the name of your state (only U.S. law)? Oklahoma

My exwife and I divorced about 6 years ago. We bought a house together with the house being in both names. Her name is on the note first. When we divorced she got the house. My problem is my name is still on the note. I have tried and tried and tried to contact her several times and she will not return my calls or emails. I have also contacted the mortgage company in an attempt to contact her but have not have any luck. Is there anything I can do to get this resolved?

[nextwife]

How is title held? EXACTLY what does the divorce decree require?

[HomeGuru]

Originally Posted by jodyh1974

What is the name of your state (only U.S. law)? Oklahoma

My exwife and I divorced about 6 years ago. We bought a house together with the house being in both names. Her name is on the note first. When we divorced she got the house. My problem is my name is still on the note. I have tried and tried and tried to contact her several times and she will not return my calls or emails. I have also contacted the mortgage company in an attempt to contact her but have not have any luck. Is there anything I can do to get this resolved?

**A: yes, you need to go back to court for resolution.

[jodyh1974]

Originally Posted by nextwife

How is title held? EXACTLY what does the divorce decree require?

It just says that she is rewarded the home and all indebtedness

[nextwife]

Well, until she refinances you off the debt, neither the credit scoring system nor the lender considers her to have relieved you of the debt. Take it back to court to request she be compelled to truly take the indebtedness. As long as the loan remains open, the credit remorting agncies, and the FICO scoring system will NOT consider she the sole party responmsible for the indebtedness.

I wish people who actually KNEW something about the loans they are dealing with would draft these agreements. When people who understand squat about mortgage underwriting create these agreements you end up with orders that fail to accomplish what they were intended to accomplish.

[jodyh1974]

I sent my divorce decree to the loan company and they of course told me that a decree would not relieve my responsibility of the loan.

[mistoffolees]

Originally Posted by jodyh1974

I sent my divorce decree to the loan company and they of course told me that a decree would not relieve my responsibility of the loan.

That's what nextwife just told you.

You need to go back to court to have them order your ex to refinance the note to take your name off. After > 6 years, there may be enough equity to do that. If not, it gets messier (you can ask the court to order her to do it, anyway, but if she doesn't have additional assets to bring equity up to 20%, it's probably not going to get refinanced - and you then have to ask the court to order the house sold, which they may be reluctant to do).

[LdiJ]

Originally Posted by mistoffolees

That's what nextwife just told you.

You need to go back to court to have them order your ex to refinance the note to take your name off. After > 6 years, there may be enough equity to do that. If not, it gets messier (you can ask the court to order her to do it, anyway, but if she doesn't have additional assets to bring equity up to 20%, it's probably not going to get refinanced - and you then have to ask the court to order the house sold, which they may be reluctant to do).

Particularly if it was not addressed in the divorce.