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[darthin]

What is the name of your state? Rhode Island

When I got divorced I signed a quick deed but she wasn't at the time able to refinance to get my name off the mortgage. Its been a couple off years and she has been paying the mortgage on time each month until she found a buyer for the house. I just found out that she hasn't paid Dec. or Jan. and was late paying Nov.

The sale is supposed to be done by Jan. 28th and I am due a small compensation on the sale of the house. My question is... "Is there anything I can do about her purposely ruining my credit by not paying on the mortgage that both our names are on?" She is moving into an apartment and will get enough from the sale to buy a car out right with cash if needed, me however, my credit score is going belly-up due to her not making these payments.

Any advice would be greatly appreciated.

[HomeGuru]

Originally Posted by darthin

What is the name of your state? Rhode Island

When I got divorced I signed a quick deed but she wasn't at the time able to refinance to get my name off the mortgage.

**A: it's called a quiit claim deed.

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Its been a couple off years and she has been paying the mortgage on time each month until she found a buyer for the house. I just found out that she hasn't paid Dec. or Jan. and was late paying Nov.

**A: so who is on the mortgage loan? It's you correct? You made a huge mistake by deeding the property to her without a refi.

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The sale is supposed to be done by Jan. 28th and I am due a small compensation on the sale of the house. My question is... "Is there anything I can do about her purposely ruining my credit by not paying on the mortgage that both our names are on?" She is moving into an apartment and will get enough from the sale to buy a car out right with cash if needed, me however, my credit score is going belly-up due to her not making these payments.

Any advice would be greatly appreciated.

**A: then YOU pay the mortgage arrears.

[darthin]

Originally Posted by HomeGuru

**A: then YOU pay the mortgage arrears.

I realize thats the only way to save my credit from further decline, but what about what she has already done to my credit. As to signing the quit deed with out a refi. my lawyer said that by signing it off then I'm no longer held responsible for the property and should something go wrong with the house until she had to refi. (which the judge gave her three years to do) I would have to pay for half or up to 80% to have it fixed.

Is there nothing that can be done about someone trashing your own credit?

[HomeGuru]

Originally Posted by darthin

I realize thats the only way to save my credit from further decline, but what about what she has already done to my credit. As to signing the quit deed with out a refi. my lawyer said that by signing it off then I'm no longer held responsible for the property and should something go wrong with the house until she had to refi. (which the judge gave her three years to do) I would have to pay for half or up to 80% to have it fixed.

**A: your lawyer is an idiot. Guess what, with respect to the mortgage and other expenses, under the joint and several liability clause, you would be liable for 100% of t he mortgage and not 50% or 80%. What was your lawyer thinking? Do me a favor and print this post out and give it your lawyer requesting his/her response.
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Is there nothing that can be done about someone trashing your own credit?

**A: you trashed your own credit. How. When you knew that the mortgage was not paid, you should have taken the required steps to protect your credit by paying the amount due. Why. Your name is on the mortgage and you have that liability.

[darthin]

Originally Posted by HomeGuru

**A: you trashed your own credit. How. When you knew that the mortgage was not paid, you should have taken the required steps to protect your credit by paying the amount due. Why. Your name is on the mortgage and you have that liability.

I just found out this morning that she has been late with the payment. She has been paying it up to this time.

Did I do something to piss you off because i thought this was a place to come for free advice not a place to be trashed for things you truly have no idea what your talking about! If I wanted that I would have stayed married!!

[Golfball]

Originally Posted by darthin

I realize thats the only way to save my credit from further decline, but what about what she has already done to my credit. As to signing the quit deed with out a refi. my lawyer said that by signing it off then I'm no longer held responsible for the property and should something go wrong with the house until she had to refi. (which the judge gave her three years to do) I would have to pay for half or up to 80% to have it fixed.

Is there nothing that can be done about someone trashing your own credit?

Was there an indemnification clause in your decree or property settlement?

If not, you may be SOL.

[Golfball]

Originally Posted by darthin

I just found out this morning that she has been late with the payment. She has been paying it up to this time.

It's not outisde the bounds of reasonability to believe that one, as part of necessary due diligence, keeps a very close eye on any joint debt (both during and following divorce proceedings), and would be immediately aware (or close to it) of any late payments.

My ex & I had one car jointly, I knew no later than 24 hours after every payment due date whether she was late or not until she got rid of it.

Edit: I did have to make payment arrangements at one point. She wasn't picking up the phone, and I didn't have the money. The lender agreed to a forbearance upon my request.


(Edit: We also have another car and the house jointly. However, I've been making those payments and have not had a late fee assessed against either since date of separation. There is an indemnification clause protecting my X, however, so my X would have some recourse if I screw up the car/house payments.)

[darthin]

Originally Posted by Golfball

Was there an indemnification clause in your decree or property settlement?

If not, you may be SOL.

The only clause was that if she fell behind by 2 payments I could pay the amount owed and call in what was owed to me early, which is for nothing due to her selling the place by the end of Jan.

[darthin]

Originally Posted by Golfball

It's not outisde the bounds of reasonability to believe that one, as part of necessary due diligence, keeps a very close eye on any joint debt (both during and following divorce proceedings), and would be immediately aware (or close to it) of any late payments.

My ex & I had one car jointly, I knew no later than 24 hours after every payment due date whether she was late or not until she got rid of it.

Yes I realize I should have been more diligent with keeping an eye on the payments but I'm not in situation where I could've come up with the money for 1 let alone 2 payments as she is taking half my pay check for child support.

[Golfball]

Originally Posted by darthin

Yes I realize I should have been more diligent with keeping an eye on the payments but I'm not in situation where I could've come up with the money for 1 let alone 2 payments as she is taking half my pay check for child support.

You don't necessarily have to come up with money. The lender may have been willing to discuss forbearances, delays, minimized payments, etc. From what I've been told, they're more willing to discuss alternatives before you get too late.

[darthin]

Originally Posted by Golfball

You don't necessarily have to come up with money. The lender may have been willing to discuss forbearances, delays, minimized payments, etc. From what I've been told, they're more willing to discuss alternatives before you get too late.

Thanks for the advice, Golfball.