Ex-Wife affecting my credit

[gatorfan1]

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

My ex-wife and I were divorced 9 years ago. Before we divorced I helped her buy a mobile home, my name is on the mortgage. When we got divorced, I signed a quit claim leaving her the house. In the divorce decree it states that she is entitled to the house and all debts and that "I am to be held harmless of those debts". Well, in the 9 years we have been divorced she has been late on all payments but 35. She has gotten eviction notices several times, but manages to make some sort of payment to keep them happy. She will not answer calls from the mortgage company and will not return any, so they call me. I have a very good relationship with the mortgage company but I will not make any payments for her.

So, as you can imagine my credit is being damaged. Whenever I apply for a loan, I have to produce my divorce decree showing that I have nothing to do with the mortgage. I have asked them what I can do and they tell me the only thing is to have her refinance it in her name. She won't do that because a.)her credit stinks and b.)she wants to punish me.

What I would like to know is, is there anything I can do other than her refinancing to get my name off the lein? I'm afraid that eventually she will have it foreclosed on and that will go against my credit as well.

If this is not the place to post this, please redirect me and I will post there. Thanks in advance.

 

[mistoffolees]

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

My ex-wife and I were divorced 9 years ago. Before we divorced I helped her buy a mobile home, my name is on the mortgage. When we got divorced, I signed a quit claim leaving her the house. In the divorce decree it states that she is entitled to the house and all debts and that "I am to be held harmless of those debts". Well, in the 9 years we have been divorced she has been late on all payments but 35. She has gotten eviction notices several times, but manages to make some sort of payment to keep them happy. She will not answer calls from the mortgage company and will not return any, so they call me. I have a very good relationship with the mortgage company but I will not make any payments for her.

So, as you can imagine my credit is being damaged. Whenever I apply for a loan, I have to produce my divorce decree showing that I have nothing to do with the mortgage. I have asked them what I can do and they tell me the only thing is to have her refinance it in her name. She won't do that because a.)her credit stinks and b.)she wants to punish me.

What I would like to know is, is there anything I can do other than her refinancing to get my name off the lein? I'm afraid that eventually she will have it foreclosed on and that will go against my credit as well.

If this is not the place to post this, please redirect me and I will post there. Thanks in advance.

You've got some protection in your divorce decree, so you should be able to do something. (Personally, I would have acted a long time ago, but you're apparently more patient than I).

You will need to file for her to be held in contempt. You will then ask the court to order her to refinance into her own name, or, if that is not possible, to sell the place and pay off the mortgage.

That is not an unreasonable request given her history and it is possible that it would be granted. However, it is also possible that she'll be given one more chance by the judge: "Ms. xxxx, you WILL make every payment on time. If you miss a single payment, then I will order the house sold". Someone who knows the particular judge would have to estimate the chances of either outcome since it would vary from judge to judge.

And be sure to ask for her to pay your legal expenses when you file, too.

 

[LdiJ]

You've got some protection in your divorce decree, so you should be able to do something. (Personally, I would have acted a long time ago, but you're apparently more patient than I).

You will need to file for her to be held in contempt. You will then ask the court to order her to refinance into her own name, or, if that is not possible, to sell the place and pay off the mortgage.

That is not an unreasonable request given her history and it is possible that it would be granted. However, it is also possible that she'll be given one more chance by the judge: "Ms. xxxx, you WILL make every payment on time. If you miss a single payment, then I will order the house sold". Someone who knows the particular judge would have to estimate the chances of either outcome since it would vary from judge to judge.

And be sure to ask for her to pay your legal expenses when you file, too.

While I agree totally with this advice, I do have a question. How long is there to go on the loan and what is the principal balance? I have seen many loans on mobile homes that only went 10 years, which is why I ask.

 

[gatorfan1]

Thank you both for the information. The term is a standard 30 yr mortgage and I believe there is still like $40,000 left on the note. I wasn't living with her when we did this, I co-signed thinking that atleast our daughter would have a roof over her head. What gets me is, the monthly payment is $530 a month. I pay her $800 a month in child support, so why is she unable to pay her mortgage payment on time every month? But that's neither here nor there.

My next question is..can I file contempt charges without hiring an attorney? I have already spent thousands of dollars on attorney fees every time she takes me back to court for more child support. I also have three other children I support with my wife and we don't have alot of money lying around for a retainer.

We live in a small county and I do know quite a few people up at the courthouse and am familiar with most of the judges there as well, due to being pulled into court every couple of years. Is this simple enough and cut and dry enough to do myself. Shouldn't I just have to show the judge the divorce decree, show him her payment history and my credit report and it becomes pretty obvious that I am not being held harmless? Or is that only in a perfect world?

Again, thank you for all of your advice!!

 

[Gracie3787]

Thank you both for the information. The term is a standard 30 yr mortgage and I believe there is still like $40,000 left on the note. I wasn't living with her when we did this, I co-signed thinking that atleast our daughter would have a roof over her head. What gets me is, the monthly payment is $530 a month. I pay her $800 a month in child support, so why is she unable to pay her mortgage payment on time every month? But that's neither here nor there.

My next question is..can I file contempt charges without hiring an attorney? I have already spent thousands of dollars on attorney fees every time she takes me back to court for more child support. I also have three other children I support with my wife and we don't have alot of money lying around for a retainer.

We live in a small county and I do know quite a few people up at the courthouse and am familiar with most of the judges there as well, due to being pulled into court every couple of years. Is this simple enough and cut and dry enough to do myself. Shouldn't I just have to show the judge the divorce decree, show him her payment history and my credit report and it becomes pretty obvious that I am not being held harmless? Or is that only in a perfect world?

Again, thank you for all of your advice!!

Yes, you can file a contempt motion without an attorney.

Before you do though, take all of your orders and evidence to a local attorney for a quick consult. You can get a low cost consult by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011.

You can find the forms and other info at: Florida State Courts