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annieslavender · Jul 28, 2010, 05:55 PM

The house was in my husbands name as sole owner. The bank had me sign every document except the note. Before passing away, we went to attorney and my husband signed a quit claim and we filed a community property transfer agreement in the courts. The bank did not disagree with this. After his passing, the bank refused to talk with me regarding the account stating that while I might own the property, I did not own the mortgage (note) After arguing with them for a year, I finally got them to talk with me and their only answer was for me to refinance the note with them for $10k in fees.! So, I sit here making payments on a house that I get no credit for on my credit report. This is so wrong on many levels. My question is... why? Should I continue to make the payments? How can I get credit for these. 20 years... payments have never been late. I do not think it is fair of them to burden me with another $10k... after all, I barely have an income. What can I do? Do you suggest seeing a realestate attorney and where can I find one.

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Fr_Chuck · Jul 28, 2010, 06:03 PM

Actually they could really be worst, since you did a dead transfer without changing the mortgage then, they could call in the note totally due now.

And you were not getting any "reporting" on your credit report before, if it did not matter then, why does it now ?

You should have been on the original note, and yes the bank is correct.

You are being "allowed" to continue to make the payments and unless you want them to foreclose on the home you should keep making them.

So don't refi, just keep paying this loan off, or find another lender that will loan you the money without the higher fees.

annieslavender · Jul 28, 2010, 08:12 PM

My credit is important to ME. I am alone now and MY credit is important. Before, we relied on HIS credit to get what we needed as it was good and mine was not. 10 years have passed and now my credit is good. I guess it is a matter of principal. I should get credit for this. I will NOT give them anymore money just to get that credit. I have recently put the house up for sale. I am so fustrated with their policies and the degrading way I have been treated that I wouldn't refinance with THEM anyway. So, I guess I will save my attorney money and sell this house and move on. It is just a sad sad thing. I mean would you want to stay in your HOME and not get credit for your payments... ever? This is a community property state and it should work both ways.

annieslavender · Jul 28, 2010, 08:15 PM

oh, another thought... when I do buy another house (this one is too big for just me, 5 acres, 4 bedrooms, three levels) I will not have any reporting history to show future lender that I make payments on time and am a good credit risk. My credit was ruined by my x husband years ago (thanks to "community property laws) and I have worked hard to repair that. Which is why I wanted credit for these payments now. That is what I mean about community property laws working both ways.