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I am not familiar with how these things work, but if he was assigned the loan in the settlement, should it not be as simple as contacting the lender, providing the details of the settlement and asking to be removed from the loan?
Thank you everyone for the support.
cleansheet.... unfortunately ACS doesn't care or have to abide by the divorce papers. They have a signed contract from 2002 with my signature, co-signing. It really sucks.
I can't even make myself change the scores in my signature. sniff sniff
Update......just got a call from the ex. He never changed anything. He called ACS. They changed everything themselves. Said they noticed that in Sept they didn't have my signature for loan to go into forbearance so they removed forebearance status and put on his other loans. WOW!! Ex told them that was unacceptable and is filing a complaint with TGSLC. So......we shall see what happens. At least I know I'm not going to jail any time soon for killing ex. JUST KIDDING!!!!
Keeping my fingers crossed for you!
I feel your pain, as I have went through very similar issues. Having been there, done that I would recommend you try to continue working with your ex, especially in light of the new information.
I learned the hard way through my own divorce that your divorce decree does not supersede the original loan papers you signed. So if you co-signed, unfortunately you are still responsible. Yes, you can take him back to court for contempt but that won't do jack for your credit rating. It has even been my experience a copy of the divorce decree is not enough to dispute and have negative information removed.
The only true way to free yourself of this mess is either:
A) Have him PIF as quickly as possible (hopefully w/o further negative impact to you);
B) Step in to make his payments when/if he misses them, or just take on the debt yourself and PIF so you have a shot at financial peace;
C) Have your spouse re-finance any (and all) debts that involve you as a co-signor so it removes you (legally) from any further recourse.
I spent a long time being bitter about this process. Frankly, it's unfair and there really isn't much you can do. I finally came to the conclusion that financial peace sometimes comes at a cost. No, you shouldn't have to pay any of the debt, but if you can help pay some or all of it, then maybe the peace is worth it (at least in the long term). It's not easy to get to this point. God knows I struggled with it. But for me, it was the right one even though it costs me some money.
Only you can decide what is right for you. Good luck with this!
Thank you nolimits. I appreciate the info. and support.
So just a little update. On Valentines Day I happily ruined the day for an ACS customer service rep that happen to get my call. I have been fighting with them since Oct 2012 just to get the info correct on the reports. So on Valentines day I made my call, I make 2-3 a month, a chewed him out for not reporting correct info after I have repeatedly asked. He tried to give me some major BS but using the wonderful info I have received on here, I was able to call his bluff. I told him this was the worse company that I had ever dealt with. That I understood he had to report on my credit (I'm co-signer) but that I had a right for the info to be correct. blah blah blah. and the next day the ENTIRE acct was wiped of my TU report. Therefore my myfico TU score is 754!!!!! So I say persistence is THE KEY!!! Be nice but after 4 months of nice its OK to be NOT nice. lol Now I'm not messing with any of my reports for awhile because I'm sure this is some sort of mistake (as usual) and next month it will be back on. For now I'm basking in sunshine.
Bask away!.. Oh yeah,, and today, from me, you get this!
Happy Dance!!!!
Thank you Shogun!! Happy dance all day!!