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  #1  
Old 01-26-2009, 10:02 AM
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Join Date: Jan 2009
Posts: 13

get my ex off the mortgage


What is the name of your state (only U.S. law)? Texas, ya'll ...lol

I was diovrced in 2005 and was given the house. I just received a letter from my ex's attorney stating I needed to call him. It states that the decree requires me to make timely payments and the ultimate refinancing of the property. I cannot refinance or get an assumption due to bad credit (I've tried). I pay on time. My area was declared a disaster zone during a recent hurricane, and the mortgage company stated I could skips payments without them holding me in default (due to the area being in a natural disaster zone). The company adjusted the payments for a year so that it would be higher a month, but I wouldn't be in default. Once again, I've been paying these on time.

Oh yeah...the decree never states I have to refinance or sell the home by a certain time...no language there on this.

Can my ex do anything to me to make me refinance or foreclose the home? I think I've been keeping up my end of the bargain.

I'd love her name off of the mortgage, but that's out of my hands due to my credit. Ugh...I'm living in such happiness now too....hey...I've been remodeling this house on my own too....I'd hate to be forced to sell it...(can they force me to do that?...how can I be held in contempt if I've been up to date in paying?) I want her to live her own life in happiness too. (though, she doesn't see it that way...but I understand that I wouldn't want to be in her situation eiher...I'm not trying to be vindictive to her...) Ever tried to hold a cat and tell them you don't want them hurt, but they won't let you...and instead they bite and scratch you. It's kinda like that.

Oh....I need some Advil.....

Last edited by inkroar; 01-26-2009 at 10:09 AM.
  #2  
Old 01-26-2009, 10:04 AM
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Join Date: Feb 2007
Posts: 8,264
Is her name still on the deed?
Is there any equity in the property?
The fact your lender is letting you skip payments doesn't absolve your responsibility to the divorce settlement.
  #3  
Old 01-26-2009, 10:36 AM
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Join Date: Jan 2009
Posts: 13
Her name is off of the deed. We got that taken care of...unfortunately, it didn't take her off of the mortgage...I know....that can't be done as the lender is not a party of the divorce.

I was given the option to miss the payments but also, the lender said I'm in good standing with them. They set the the monthly payments about $200 more a month, but that is fine for me. I have been making those payments.

Hardly any equity in the house to speak of.
  #4  
Old 01-26-2009, 08:36 PM
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Join Date: Jan 2009
Posts: 13
I spoke to the attorney....apparently the home mortgage co. marked the new repayment schedule as being delinquent by 60 days. I spoke to the mortgage co. and they originally told me this would not be the case. Now that say that's how they handled the repayment schedule. Nice.

So, I have requested the information be sent to me and show how I've been trying to make payments. I'm going to pay what remains to make the new repayment schedule disappear and go back to my original payments. Also I am mailing the mortgage co. to ask the delinquency be removed. as I will have the payments up to date. They stated once I do get it up to date, they can mail me a letter stating I'm in good standing with them. Mistake for me...listening to the people who work for them.

So I understand this can cause me some problems now. However, I will be able to provide anyone information that states that I'm not willfully trying to neglect my obligation to the home mortgage or do her any harm. And honestly, it hurts my credit too. And I don't want any of thing to hurt any one.
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