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markinwmpa
May 13, 2008, 06:40 PM
I have been divorced for 8 years. Whe we were married we co-signed a mortgage together and then we got divorced several years later and he agreed to take the home. Apparently he never did. My ex-husband filed bankruptcy 3 years ago and the loan was discharged for him. I went to get pre-arppoval for a mortgae this week and it showed up on only 1 of the 3 credit reporting agencies as a past debt that is still active. I obviously can't afford to pay the $35,000 owed. The house has been abandoned for 7 years. I have never received any kind of paperwork about the mortgage since the divorce... foreclosure.. lien or anything. How do I go about getting this off my credit. The house is run down and not worth what is owed on it. What do I do?

Fr_Chuck
May 13, 2008, 06:49 PM
You can't, you actually owe the debt, since he went bankrupt he can not be held responsible for it, by the court ( if he included it in his filing) so they can legally come after you. Even if the divorce court ruled that he had to pay it, if he does not, you can be held liable. If you pay, you can take him back to court because of the divorce decrees. The last action on this would be his bankrutpcy, so it will fall off your report 7 years after he filed ( date of last action)

Now they may not sue you for it, ** assuming the loan was in both names.

JudyKayTee
May 13, 2008, 06:58 PM
I have been divorced for 8 years. Whe we were married we co-signed a mortgage together and then we got divorced several years later and he agreed to take the home. Apparently he never did. My ex-husband filed bankruptcy 3 years ago and the loan was discharged for him. I went to get pre-arppoval for a mortgae this week and it showed up on only 1 of the 3 credit reporting agencies as a past debt that is still active. I obviously can't afford to pay the $35,000 owed. The house has been abandoned for 7 years. I have never recieved any kind of paperwork about the mortgage since the divorce...foreclosure..lien or anything. How do I go about getting this off my credit. The house is run down and not worth what is owed on it. What do I do?


You still owe on the house - I can't believe your divorce Attorney never followed up on this.

markinwmpa
May 13, 2008, 07:05 PM
you can't, you actually owe the debt, since he went bankrupt he can not be held responsible for it, by the court ( if he included it in his filing) so they can legally come after you. Even if the divorce court ruled that he had to pay it, if he does not, you can be held liable. If you pay, you can take him back to court because of the divorce decress. The last action on this would be his bankrutpcy, so it will fall off your report 7 years after he filed ( date of last action)

Now they may not sue you for it, ** assuming the loan was in both names.

Can I sell the house.. How do I get rid of th ehouse quickly.. or get a settlement... Can I go to court and file a hardhsip or something similar since I can't pay the mortgage...

Fr_Chuck
May 13, 2008, 07:08 PM
I think I would go back to the divorce attorney, since if you quick claimed the deed to the husband, and he filed bankruptcy, the house should have been sold in bankruptcy court sale.

If you did not quick clam the deed to him ( or if the deed was never in your name) you may still own it. A trip to the court house recorder of deeds will show who is listed as the legal owner.
And there is the issue of all of the past due taxes most likely if the home has not sold in a tax sale or tax certificate issue to someone

There is just too many maybe until you find out who is listed as the real owner,

LisaB4657
May 13, 2008, 07:22 PM
Just because it shows up on your credit report doesn't necessarily mean that you're still responsible for it. Your obligation may have been discharged by the divorce decree.

The first thing you should do is contact the attorney who handled your divorce. Tell them that this mortgage is showing up on one of your credit reports. If your obligation was discharged by the divorce then it's just a simple matter of sending a copy of the decree to the credit reporting agency along with a letter telling them to remove it from your credit report.

If your obligation was not discharged by the divorce decree then you have to say to your attorney "Well, why not?" Put the ball in their court. They should have done this for you at the time of your divorce. Make sure they do it now.