Sorry, no can do. Your loan, your foreclosure. The divorce agreement is irrelevant.
2007-07-25 12:57:19
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answer #1
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answered by Anonymous
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You have made a common mistake during a house split from a divorce. Assumably, you filed a quit claim to any ownership in the house, since your ex-spouse received the property. However, if she did not refinance the loan covering the house, you did not get off the hook. All you did was give away any and all interest in the property.
I have yet to understand why any divorce attorney would allow a client to do this. Yet it happens constantly.
If the house was foreclosed upon with a mortgage carrying your name, all you can do is ask to have an explanation put into your credit file concerning the foreclosure action. However, it will remain there for at least seven years forward.
2007-07-25 20:02:53
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answer #2
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answered by acermill 7
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You can't. The bank doesn't concern itself with divorce matters.
When your ex-wife was awarded the house, the judge should have also ordered her to refinance within a certain amount of time to remove your name from the loan. I have seen that in a TON of divorce decrees, and your attorney should have addressed that issue.
This is the unfortunate outcome when it isn't.
When your wife was awarded the house, she was responsible for the debt as far as your divorce was concerned, but as far as the bank was concerned, you are still both responsible.
I am really sorry that happened to you.
2007-07-25 20:09:48
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answer #3
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answered by Expert8675309 7
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Keep something in mind: Your bank has nothing to do with the property distribution in your divorce proceedings. You are still on the hook as far they are concerned. The house really should have been refinanced after the property was split up by the divorce court.
As for now, you are F'd. Sorry to tell you that.
2007-07-25 19:59:47
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answer #4
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answered by dpilipis 4
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You need to get your credit report, you are entitled to one free report per year from the 3 major bureaus. Then send back one the dispute forms which are provided with report and send them a copy of the final divorce showing spouse was awarded both the property and the debt and is signed by the judge. I have also provided you the FCRA as governed by the Federal Trade Commission so you know your rights and you can protect yourself. hope they help!
2007-07-25 20:07:40
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answer #5
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answered by Etta P 4
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YOU CANT!!!!
Sorry I get this question every day it seems. You signed a loan with your wife. period.
You got divorced and the court said she was responsible for the debt. Thats between you and your wife. The lender wasnt there to have a say. The decree doesnt say you are released from your obligations to the lender. If you signed it you are obligated until you are released.
The lender doesnt care what the court said is between you and your wife. Your agreement is with the lender, not your wife or the court. You owe the lender no matter what, regardless of divorce.
You can sue your wife for damages, but the lender doesnt care.
*** update *** by just because I gave you a thumbs down doesnt mean you have to give me a thumbs down. Not my problem you dont know what you are talking about.
By a trust deed or quit claim deed doesnt nothing to the obligation the husband signed at closing. Are you just making crap up? If the wife doesnt pay the husband has too. PERIOD!!
Ace my man, yay us agree again finally. THUMBS UP!
2007-07-25 19:58:54
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answer #6
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answered by financing_loans 6
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You will probably have to submit the entered judgment showing the house and its encumbrance was your ex-wife's responsibility to all 3 credit agencies.
You might want to talk to an attorney about this...
Edit: Oh- did you ever execute an interspousal transfer deed or quitclaim deed??
Sometimes there is relief, sometimes not.
2007-07-25 19:57:52
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answer #7
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answered by Anonymous
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talk to a bankruptcy attorney about that he might know.
2007-07-25 20:00:30
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answer #8
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answered by sandras77 4
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