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What about the house?

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No_End_in_sight

Junior Member
What is the name of your state? MI

My husband decided that he wanted a divorce and left our house last month. When we bought our house, I had horrible credit, his was so-so. When we were denied for a mortgage, my mom co-signed the mortgage for us. Now he is refusing to pay the mortgage and is waiting for it to go in foreclosure in two months.

My question is:

If my name is not on the mortgage, can he get his attorney to find a way to get the mortgage on my credit report? I wouldn't mind paying for the mortgage but it is over $1600 a month and I'm a full time (17 credits this semester) senior college student and can not dis-enroll this late in the semester.
 


What is the name of your state? MI

My husband decided that he wanted a divorce and left our house last month. When we bought our house, I had horrible credit, his was so-so. When we were denied for a mortgage, my mom co-signed the mortgage for us. Now he is refusing to pay the mortgage and is waiting for it to go in foreclosure in two months.

My question is:

If my name is not on the mortgage, can he get his attorney to find a way to get the mortgage on my credit report? I wouldn't mind paying for the mortgage but it is over $1600 a month and I'm a full time (17 credits this semester) senior college student and can not dis-enroll this late in the semester.
I am not an expert by any means, however it is my belief that the mortgage will not end up on YOUR credit report. The fact that he is not making the mortgage payments can show up on your mothers report if indeed the payment is not being made at all. The creditor will go after the people that it loaned the money to, in this case, your husband and your mother.

Your husband will also be entitled to some of the equity, if any, that has been accrued, as well as some of the debt that accrued as well
 

No_End_in_sight

Junior Member
Thanks. My mom is semi-aware of the situation because she is in the last stages of Alzheimers but her financial power of attorney (my brother) is well aware of the situation.

I'm not worried about the equity (which is at about $27000 right now). Our area has the highest foreclosure rate in michigan and this is not a selling market. He would be lucky to get 75% of what he owes on the mortgage.

Thank you again :)
 

LdiJ

Senior Member
Thanks. My mom is semi-aware of the situation because she is in the last stages of Alzheimers but her financial power of attorney (my brother) is well aware of the situation.

I'm not worried about the equity (which is at about $27000 right now). Our area has the highest foreclosure rate in michigan and this is not a selling market. He would be lucky to get 75% of what he owes on the mortgage.

Thank you again :)
I am going to disagree slightly with the previous answer you received.

The answer is correct if only your mother and your husband were listed on the mortgage. However, if all three of you were listed, then any foreclosure would go on your credit report as well.....as well as any cancellation of debt being a potential tax problem for you as well.

If your mother is in the late stages of Alzheimer's obviously a foreclosure on her credit report is not going to damage her. HOWEVER, the tax implications for her or her estate, could be quite serious.

Your brother needs to be proactive and consult a tax professional on your mother's behalf. It may be in her best interest for him to force a partition sale on her behalf, and for him to cover the mortgage until the sale happens.
 

nextwife

Senior Member
So YOU are residing in the house? You don't state if there are kids. If no kids, why are YOU not making any mortgage payments? You could temporarily get a housemate (screened, of course) to help offset your share. There is no reason the male spouse must be the one to make mortgage payments. I don't get why you are acting as though the ONLY options are:

He pays

or

Nobody pays.
 

Ohiogal

Queen Bee
Quite frankly, you OP should be contributing to the mortgage in some way, shape or form. Yes it is legally your husband's and your mother's responsibility but like Nextwife stated, it is not his responsibility to take care of. If you can't afford the mortgage then it is time to sell the house.
 

No_End_in_sight

Junior Member
I can not pay the mortgage on my own. It is over $1600 a month and I'm a full time (17 credits this semester) senior college student and can not dis-enroll this late in the semester. I have no job because we agreed that I would finish school and he would work full time.

Every time I have received my financial aid refund from school (usually btwn $3000 - $5000 every semester) since we bought the house (2004), I have paid our late bills and the rest went to the mortgage. I paid last month's mortgage with my my total refund which has left me broke until I find a full time job in a college town (not going to happen).

We do not have kids (thank god or this would be unbearable) but we are fighting over our dogs. I bought our first dog and we both went to pick the second dog. I am fighting to keep both dogs because I bought the first one (Caesar) and the second one (Cleo) is meant to keep Caesar company.

He wants Caesar because he is a 100 lb red nose/blue hair pit bull and said I could keep the "mutt" (Cleo). Cleo, a mixed pitt bull, is only only 30 lbs. The reason I mention weight is because two weeks ago, while on vacation, he was telling friends that Caesar would be about over $500 to a fighter (you've seen the news). As big as Caesar is, he is the sweetest and friendliest dog I've ever owned and does not deserve to be sold for fighting. I've talked to a lawyer who said I had to get a PPO against him that included my dogs as my property and removed him him the property. I do not want to keep him away from the house, I just don't want him to take the dogs with him to Detroit. Once there, I know I will never see Caesar again.

I wish I could say that they are here with me know but after being gone since last Monday afternoon, he came home and said he was spending the day with the dogs and took off. He told me to call the police and he'll say that he bought them and their his (but the dog licenses are under my name).

Can anyone tell me how to keep my dogs w/o blocking him from his house?
 

nextwife

Senior Member
And the reason you can't GET A ROOMMATE to offset the payments is what again????

(BTW- that is exactly how I made the payments on my first house that I bought alone, so I am aware that this is a very logical and viable option).

If your entire refunds were going toward back bills, you and he were obviously living beyond your means.

The other answer "I'm a full time student and can't work and add any income" is also ridiculous. My dad was a full time student and supporting a household with his part time sales job. I was carrying 17 credits and working two part time jobs, as were both my siblings, working while finishing school. What do you think UNMARRIED students do? Many work while going to school, and DON'T have a spouse to pay anything. The bottom line is that, if you want to keep the house, you need to think about how to facilitate that, instead of coming up with excises why you can't.

A judge will need to decide about who gets which dog. If one adopts non-fighting breeds into their household, the fighting value would not be an issue.

Send the dogs to a dog sitter until a judge sorts out who gets each dog.
 
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CourtClerk

Senior Member
And the reason you can't GET A ROOMMATE to offset the payments is what again????

Actually I would like to know the answer to this question also...

(BTW- that is exactly how I made the payments on my first house that I bought alone, so I am aware that this is a very logical and viable option).

If your entire refunds were going toward back bills, you and he were obviously living beyond your means.

Absolutely

The other answer "I'm a full time student and can't work and add any income" is also ridiculous.

Preaching to the choir...

My dad was a full time student and supporting a household with his part time sales job. I was carrying 17 credits and working two part time jobs, as were both my siblings, working while finishing school. What do you think UNMARRIED students do? Many work while going to school, and DON'T have a spouse to pay anything.
Coming from another person who sent to school full time (most times 18 units a semester), carried a full time job, AND was a single parent to a newborn (went back to my junior year in college when he was 6 days old)... with NO CHILD SUPPORT...

I think these days this generation (funny to say since i'm in my 30's) thinks they can't multi-task. God forbid they can't handle two hard things at one time... they'll simply self combust.
 

No_End_in_sight

Junior Member
I can not get a roommate. Not my house (legally) and he would make their life hell (like mine) until they left. He lives here but disappears a week or so at a time

I will not get a job to keep a house that is going into foreclosure. I do not want the house but I do plan on staying in the house while foreclosure is going on (6 to 9 months w/o a housing payment.. sounds good to me).

I am not giving up my volunteer and my pre-med club president obligations (which has my foot in the door to get into medical school next year) to free up 15 hours a week I'm not in class, studying, or sleeping for $120 a week (before taxes). I'm also going to medical interviews from Oct - Jan and can not and will not reschedule them. I've worked way too hard to get where I am in the application process to stop now.

I checked on a pet sitter service. $45 a day for both ($315 a week). I have no money and he will not pay for it.

Please don't give me **** for not wanting to work full time (which would not cover the $1647 a month for mortgage -- $8.00 *160 hrs a month = $1280).

we schedule to live btwn our meaning but we walked into a $1000 a month mortgage payment, property taxes up every year and we ended up at $1647.

Thanks for the help :) but not the criticism:(
 

LdiJ

Senior Member
I can not get a roommate. Not my house (legally) and he would make their life hell (like mine) until they left. He lives here but disappears a week or so at a time

I will not get a job to keep a house that is going into foreclosure. I do not want the house but I do plan on staying in the house while foreclosure is going on (6 to 9 months w/o a housing payment.. sounds good to me).

I am not giving up my volunteer and my pre-med club president obligations (which has my foot in the door to get into medical school next year) to free up 15 hours a week I'm not in class, studying, or sleeping for $120 a week (before taxes). I'm also going to medical interviews from Oct - Jan and can not and will not reschedule them. I've worked way too hard to get where I am in the application process to stop now.

I checked on a pet sitter service. $45 a day for both ($315 a week). I have no money and he will not pay for it.

Please don't give me **** for not wanting to work full time (which would not cover the $1647 a month for mortgage -- $8.00 *160 hrs a month = $1280).

we schedule to live btwn our meaning but we walked into a $1000 a month mortgage payment, property taxes up every year and we ended up at $1647.

Thanks for the help :) but not the criticism:(
Ok...you don't plan to save the house, even for your mother's sake, because its not yours. I can understand and accept that.

However, how do you plan to feed yourself, pay for gasoline and keep the utilities turned on?
 

No_End_in_sight

Junior Member
As bad as it sounds, I'm getting another student loan and having my brother set up an account to deposit $$ weekly into another account in my name for heat, lights, gas and parking meters at school until next May. I'm also using that loan to get the divorce (I figure the divorce will cost around $2000 but I could be horribly wrong). I meet my attorney on Tuesday to get it started.

I want to keep borrowing to a minimum since my dear Grandmother is co-signing the loan but she said "borrow what you need". This has seriously affected my studying schedule and I have an exam in 8 hours. Better get back to studying.

~wave~
 

Ohiogal

Queen Bee
As bad as it sounds, I'm getting another student loan and having my brother set up an account to deposit $$ weekly into another account in my name for heat, lights, gas and parking meters at school until next May. I'm also using that loan to get the divorce (I figure the divorce will cost around $2000 but I could be horribly wrong). I meet my attorney on Tuesday to get it started.

I want to keep borrowing to a minimum since my dear Grandmother is co-signing the loan but she said "borrow what you need". This has seriously affected my studying schedule and I have an exam in 8 hours. Better get back to studying.

~wave~
Yes it does sound bad. YOu are making excuses. I was working while in law school, waiting tables and a single mom. Your excuses? falling on deaf ears. Nice to know you plan to take advantage of your husband, your mother and the mortgage company for as long as you can.
 

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