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    grandbabies4me's Avatar
    grandbabies4me Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jul 26, 2009, 08:04 AM
    My ex is ruining my credit because of late payments
    My ex-wife and I divorced 4 years ago. We were in agreement she would keep the house and payments. It was court ordered for her to be liable for the mortgage. Now she continues to be late and stays behind. We signed a quit claim deed right after the divorce. She is saying she cannot get the mortgage in her name ( both of our names are on the mortgage now). Is she in contempt of court? And since we signed the quit claim deep,and she was court ordered to pay mortgage, is there anything I can do? The mortgage company is callling me constantly. Thanks all !
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #2

    Jul 26, 2009, 12:45 PM

    1. pay the mortgage and sue her in family court for the repayment

    2 take her to court for contempt for paying late

    3. offer to buy the house back
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jul 26, 2009, 03:10 PM

    If she has made a good faith effort to refinance the mortgage and has been refused, then she is not in contempt. The mortgage holder is under no obligation to honor the divorce order.

    By signing the quit claim deed, you could have triggered the due on sale clause and caused the entire balance to be immediately due.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #4

    Jul 26, 2009, 03:30 PM

    A Court Order cannot change the terms of your mortgage. As far as the mortgage company is concerned, you are both responsible.

    FrChuck's ideas are sound (as is Scott's advice).
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