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Court ordered assisgnment of debt

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Peanut2010
Member

Court ordered assisgnment of debt

Hi All,

 

I am going to be applying soon for a conventional mortgage.  I have a Collections on my credit from years ago, from a previous marriage.   I was doing some research about this and came across this on the Fannie Mae website :  B3-6-05: Monthly Debt Obligations (12/16/2014)  it says this:  Court Ordered Assignment of Debt    -  When a borrower has oustanding debt that was assigned to another party by court order(such as under a divorce decree or separation agreement) and the creditor does not release the borrower from liability, the borrower has a contingent liability.  The lender is not required to count this contingent liability as part of the borrower's recurring monthly debt obligations.

 

The lender is not required to evaluate the payment history for the assigned debt after the effective date of assignment.  The lender cannot disregard the borrower's payment history for the debt before its assignment.

 

1. Am I reading this correctly?  to me this sound like lender has to ignore this  (collections) because of the fact that I have a divorce decree stating that this is to be paid by my ex. 

.

2. I believe that they are allowed to look (payment history) at it before the divorce became final on 4/08 - (which if this is the case, is ok because credit was great at the time) it was from 2009-10 when he quit paying.

 

Any thoughts?


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Message 1 of 5
4 REPLIES 4
DallasLoanGuy
Super Contributor

Re: Court ordered assisgnment of debt

how much is it?

 

if approved thru automated underwriting it will likely be ignored if approved

 

Retired Lender
Message 2 of 5
Peanut2010
Member

Re: Court ordered assisgnment of debt

how much is it?

 

if approved thru automated underwriting it will likely be ignored if approved

 

 

The amount is $2218.00... will soon find out it it is ignored applying tomorrow!


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Current Score: 676
Goal Score: 728


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Message 3 of 5
Lemmus
Established Contributor

Re: Court ordered assisgnment of debt

..."is not required" is the key ...FHA doesn't require it but the lender may ...is that 640 your FICO 4 mortgage mid score or the FICO 8 normally shown on myFico?


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Message 4 of 5
DallasLoanGuy
Super Contributor

Re: Court ordered assisgnment of debt

lemmus is right

some lenders wantthem paid. but there are other lenders.... this should always be an up front question for the lender before you apply

 

Retired Lender
Message 5 of 5
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