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Please some one give me hope!

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MrLost

Junior Member
What is the name of your state? IN
Lord please some one give me something to help. Here is my situation. I got a divorce about a year and a half ago. I was married for four years and had one daughter. My daughter is now 4 years old. I've resently remarried back in July. At the time of the divorice my ex and I sit down and discussed what the terms of Divorice would be. They were she got everything except my truck, my clothes, a TV, a bed, computer, 2,500 dollars and I kept all of my 401k. I have joint custody of my daughter and she has primary. We wrote everything out and took it to a lawyer that she had gotten. Wich is the lawyer that my family has use for years. The lawyer drew up the paper work and we both signed it. The house and her truck both had my name on the paper work. I was told by the lawyer that he was going to do a quick claim deed on the house and the truck. I read over the paper work and asked him to exsplain because I didn't fully understand he told me that what this said was that I was just waiving my rights to the house and truck. So that the ex didn't have to refinace. I asked him so what if she dosn't pay the loans. Could the banks come after me. He told me NO. I signed the paper work paid my half for the lawyer done deal right? HUH NO! My wife and I goto get a loan for a new house the other day and guess what. On my credit report the house and truck show up. She has not been paying her bills. The banker tells me that I should goto the bank and have a payment record pulled. So I did and she has either not paid or was late almost every month. I ask my lawyer what I can do to get my name off of the house and truck she is destroying my credit. He said that there is nothing I can do just try not to tick her off. He said the only way I can have my name off of them is for her to refinance or paid them off. Is this true??? Some one please help. Can I file bankruphy? Any help please!
 


GmaSharon

Junior Member
There may be hope

Dear Mr. Lost,
I am NOT an attorney, but I AM a residential loan officier. This is my experience it cases like yours. Provide your loan officer with a JUDGE SIGNED copy of your divorce degree. The lender should be able to disregard all loans that were stated in the divorse as your wifes responsiblity as well as any late payments.

This will NOT remove the lates from your credit report, but should allow you to purchase a home. Tell your loan officer that you want your loan to be MANUALLY underwriten, if your scores are to low to get an automated approval.

Also. Send a regristed reciept letter to all 3 credit reporting companies
( transunion, equifax, and experian), explaining that your ex-wife got the loans in the divorce along with a copy of the degree.

Add a statement to your permanent credit file stating that you are not liable for late payments on debts incured by your ex spouse ( insert her name) and that all joint loans became her responisblity as of ___ date per degree.

Good luck, hope this helps
 

LdiJ

Senior Member
MrLost said:
What is the name of your state? IN
Lord please some one give me something to help. Here is my situation. I got a divorce about a year and a half ago. I was married for four years and had one daughter. My daughter is now 4 years old. I've resently remarried back in July. At the time of the divorice my ex and I sit down and discussed what the terms of Divorice would be. They were she got everything except my truck, my clothes, a TV, a bed, computer, 2,500 dollars and I kept all of my 401k. I have joint custody of my daughter and she has primary. We wrote everything out and took it to a lawyer that she had gotten. Wich is the lawyer that my family has use for years. The lawyer drew up the paper work and we both signed it. The house and her truck both had my name on the paper work. I was told by the lawyer that he was going to do a quick claim deed on the house and the truck. I read over the paper work and asked him to exsplain because I didn't fully understand he told me that what this said was that I was just waiving my rights to the house and truck. So that the ex didn't have to refinace. I asked him so what if she dosn't pay the loans. Could the banks come after me. He told me NO. I signed the paper work paid my half for the lawyer done deal right? HUH NO! My wife and I goto get a loan for a new house the other day and guess what. On my credit report the house and truck show up. She has not been paying her bills. The banker tells me that I should goto the bank and have a payment record pulled. So I did and she has either not paid or was late almost every month. I ask my lawyer what I can do to get my name off of the house and truck she is destroying my credit. He said that there is nothing I can do just try not to tick her off. He said the only way I can have my name off of them is for her to refinance or paid them off. Is this true??? Some one please help. Can I file bankruphy? Any help please!
You can certainly do the things that the other poster suggested. Those thing will help.

However, the bottom line is that the mortgage company and the truck loan company are not parties to your divorce, and are not bound by the terms of your divorce, only by the terms of the loan contracts.

Therefore, they will continue to report these debts on your credit report, and her poor payment habits will effect your credit score. Furthermore, should she default on either of the loans, the companies will come after you for the balance.

This is one reason why divorcing parties should never share an attorney. The attorney cannot work for both of you. Your ex-wife is the one that hired the attorney, therefore the attorney could only look out for her best interest, not yours. It was in her best interest for you to quit-claim the house and car without her having to refinance. It was not in your best interest at all. Your best interest required her to either refinance the items, or the items to be sold.
 

MrLost

Junior Member
So is there any way to make her to get my names off of these loans? Is there anything I can do about the lawyer? I did pay half of his fee and he bold faced lied to me.
 

LdiJ

Senior Member
MrLost said:
So is there any way to make her to get my names off of these loans? Is there anything I can do about the lawyer? I did pay half of his fee and he bold faced lied to me.
The only way that you can be removed from the loan is if the property were sold, or she refinanced. There is NO other way to do that. Obviously, her credit is poor and she won't be able to refinance. You cannot force her into selling because you quit-claimed the property.

I don't think that the attorney was required to tell you the truth. He was required to act in the best interest of his official client...which was your ex.
Even if you could, can you PROVE, with evidence, that he lied to you?
 

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