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Contempt - Credit Issues

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HowAboutThat

Junior Member
What is the name of your state? Ohio

My ex-wife & I had 2 houses when we were divorced, both of them had mortgages in my name only, since my credit was the best. Ex only signed the deeds, but neither mortgage.

Upon divorce, I kept one house and she the other. She was ordered to refinance the debt out of my name within 12 months. She didn't. I didn't file anything at the time, which I now realize I should've done.

Shortly after, probably 18 months after the divorce, she began missing payments. It was 120 days past due and in the foreclosure process when relatives stepped in to save the house, but not my credit of course. It's listed as a "foreclosure proceedings initiated" and "120 pays past due" on my credit report. And since it wasn't a joint debt, there was no real harm done to her own credit. Now the house has been sold and the debt is paid off.

I work in the financial industry and this foreclosure on my credit has caused me problems. I have been (I believe) denied jobs because of my credit, since they all check credit in my industry before hiring anyone. My income is much lower than it should be at this point in my career, partly because I have had to take any job I could get. Also, my interest rates on my credit cards are much higher than they should be.

Can I go after her for contempt of court, now that the thing is over & done with? Credit problems occurred about 2 years ago. Divorce happened about 4 years ago.

Can I get any kind of financial reward for the damage she has done to my credit, and potentially my career?What is the name of your state?
 


Ohiogal

Queen Bee
Contempt of court may be difficult because so much time has elapsed and the judge is not going to look kindly at it -- I have never had a client wait that long to file and am not even sure what the SOL would be for contempt. Your problem is you had a responsibility here. You should have filed at month 13 to force her to refinance or ask for the house. The reason your credit is bad is not because of her but because of your actions and your lack of follow up. And no one could save your credit. Your credit is only repairable by you. You could try to put a note on your report stating that the debt was awarded your ex-wife in the divorce but that will do nothing more than be an attempt at explanation.
 

LdiJ

Senior Member
I will also give you another piece of advice related to your credit and job applications.

Next time you have a job interview, take a current copy of your credit report with you and actually discuss the issue with the interviewer, and give them the report. Employers tend to look at credit scores rather than the entire report. So they are unlikely to know that the house is the only "ding"....and they certainly won't know that its due to a divorce unless you tell them.
 
Related question

What if the house did go to foreclosure and the other party did not follow through with a court order and there wasnt a specific deadline to comply. What can be done about the collections and credit? Can she still be ordered to pay?
 

Ohiogal

Queen Bee
frcisafraud said:
What if the house did go to foreclosure and the other party did not follow through with a court order and there wasnt a specific deadline to comply. What can be done about the collections and credit? Can she still be ordered to pay?
She can still be ordered to pay but you are still financially responsible and will have the foreclosure on your credit. A creditor is NOT a party to a divorce.
 

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