Student Loan

[juego]

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

During my five year marriage, I took out a student loan for my step-daughter for $12,000, in my name only. After a three years divorce proceeding, which includes a foreclosure, chapter 7 bankruptcy, and representing ourselves in court, a divorce was grant this year. At Mandatory Settlement Conference, my ex-wife agreed to assume her daughter’s loan. She also agreed to pay me $3,000.00.

No payments have been made to student loan, because I have repeatedly filed hardship deferments. I sent a letter to loan servicer and US Department of Education notifying them of new borrower with copies of court order/ judgment.
The servicer will not transfer loan and my ex-wife has disappeared. She probably moved out of the state. Also, she never paid me.

I have been unemployed since January 2013 and I have my own student loan, which is also being deferred. I can’t think of anything I can do, except retiring and moving out of U.S. Appreciate any advice.

 

[Zigner]

The lender is under no obligation to follow your court order as they were not a party to the case.

 

[Proserpina]

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

During my five year marriage, I took out a student loan for my step-daughter for $12,000, in my name only. After a three years divorce proceeding, which includes a foreclosure, chapter 7 bankruptcy, and representing ourselves in court, a divorce was grant this year. At Mandatory Settlement Conference, my ex-wife agreed to assume her daughter’s loan. She also agreed to pay me $3,000.00.

No payments have been made to student loan, because I have repeatedly filed hardship deferments. I sent a letter to loan servicer and US Department of Education notifying them of new borrower with copies of court order/ judgment.
The servicer will not transfer loan and my ex-wife has disappeared. She probably moved out of the state. Also, she never paid me.

I have been unemployed since January 2013 and I have my own student loan, which is also being deferred. I can’t think of anything I can do, except retiring and moving out of U.S. Appreciate any advice.

There isn't really a whole heck of a lot you can do as a practical matter. If the loan company won't refi or transfer, and your ex is awol, your options are quite limited.

The loan company isn't party to your divorce agreement - if you are the original debtor, that's who they're going to come after.

Maybe someone else can think of something practical?

 

[Zigner]

I think the OP needs to track down the ex and drag her butt back in to court for a contempt hearing.

 

[OHRoadwarrior]

A lowly divorce court judge does not have the authority to change the loan papers. You can only file for contempt against her. Not likely to be successful as she is missing.

 

[Bali Hai]

A lowly divorce court judge does not have the authority to change the loan papers. You can only file for contempt against her. Not likely to be successful as she is missing.

Thanks for putting lowly divorce court judges in their place.

 

[OHRoadwarrior]

I would like that Bali, however, those options are disabled at the moment.

 

[Bali Hai]

I would like that Bali, however, those options are disabled at the moment.

Very unfortunate....