We divorced 7 years ago and she was suppose to be responsible for payments and the loan. She's remarried and I found out that my name is still on the loan and they are behind on the payments which is hurting my credit and I want to purchase a home next year. What action can i take to have myself removed from this loan. It's through the USDA rural development and they say she's suppose to fill out paperwork and she's lied about doing this. I want to sue her or send her a letter forcing her to refinance the home....any ideas??? They live in the state of mississippi.
2006-12-20 14:30:05 · 14 answers · asked by chad_zortman 4 in Family & Relationships ➔ Marriage & Divorce
What exactly does your decree say? It should say something about her having X amount of time to get your name off the loan--or maybe it says she'll pay for it but hold you harmless (which she is not doing right now if she's late and it's affecting your credit). If that is the case, then you can take her back to court and ask the Judge to order her to remove your name or to sell it.
So--I'd suggest you tell her to get your name off of it or you will take her back to Court and have it ordered to be sold and you'll be asking her to pay your attorney's fees and expenses (travel to court if you live out of state and a day or two off work depending on the travel) and costs (filing fees, service) on top of that.
Maybe that'll motivate her. Good Luck.
If you have your decree you can take to any attorney in MS (or you can get a copy for the county clerk where you got divorced) and they can advise you--it's all gonna come down to exactly what it says regarding the home. They're not in West Point by any chance are they???? That's where I grew up. I'm in Arkansas now--yeah--practicing law.
2006-12-20 14:48:18 · answer #1 · answered by kathylouisehall 4 · 0⤊ 0⤋
Well maybe if you thought of your wife like you worry about what you've got then your marriage may have survived. Your in Business and you don't think that your wife's in tilled to half .Sorry to burst your bubble but she is. You can't tell her to move from the home until you start a divorce proceedings. Then you have to work out what you both settle for then you sell and divide. Maybe you could work out that you keep the business and your wife keeps the home. Seek legal advice. If your wife has done you no wrong then treat her properly.
2016-05-23 03:17:16 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Did your ex pay you for your equity in the house as part of the divorce?
If she is missing payments on the house, why isn't the mortgage company coming after you?
And if they are coming after you, why don't you insist on taking possession of the house? Are you still on the deed?
If you can't get better results from the USDA RD office, then you might want to consult a lawyer to see what you can do to take possession of the house or otherwise head off the financial problems heading your way.
2006-12-20 14:40:46 · answer #3 · answered by brightpool 3 · 0⤊ 0⤋
If she is supposed to be responsible for the payments this should be somehow documented on the divorce decree, and you should be able to remove your name? I have kind of the same problem. My ex is not on the mortgage but still on the deed. If I ever want to sell the house, he will never want to take his name off just so I can not sell the house. However, if your ex's wants to keep the house for herself, it should be no problem to take your name off unless you want your share of the place which makes you responsible for these consequences, too.
2006-12-20 16:16:41 · answer #4 · answered by avechm 4 · 0⤊ 0⤋
If her name is on the house you really don't have much you can do but go to the loan office and ask your name to be removed. If your name is the only one on the mortgage, you are going to have to prove it with paperwork and you can possibly evict them (not sure if you can do that but.....) and get the house. I would really contact a lawyer to see what your options are. You will need the lawyer anyway.
2006-12-20 14:35:01 · answer #5 · answered by Andrea D. 3 · 0⤊ 0⤋
Sorry this is so state specific you have to get a lawyer. You will need a copy of your divorce decree too.
It will come down to three things
1) What your divorce decree says
2) your name on the mortgage (this we know)
3) is you name on the title of the house still
2006-12-20 16:39:17 · answer #6 · answered by hogie0101 4 · 1⤊ 0⤋
Contact a lawyer and file a complaint against her. She is in contempt of court if she was ordered to refinance the home and never did.
2006-12-20 14:43:28 · answer #7 · answered by physandchemteach 7 · 0⤊ 0⤋
I think you would need to contact the mortgage company and expalin the situation to them. Selling the house without her cooperation is going to be impossible so be prepared for a fight if she is not willing to do the right thing. I wish you luck.
2006-12-20 14:34:34 · answer #8 · answered by squirttle_bunny 4 · 0⤊ 0⤋
Your Screwed
2006-12-20 14:41:59 · answer #9 · answered by nbr660 6 · 0⤊ 0⤋
If you don't put it up for sale, you'll end up like me with a bad mark on your credit forever. Sell, sell, sell...but remember to give her half.
2006-12-20 14:33:34 · answer #10 · answered by ? 2 · 0⤊ 0⤋