Negative credit reporting from my ex-husband 14 years after divorce judgment??? PLEASE HELP!

[Anonymous]

I was divorced from my ex-husband in 1994.  In the divorce judgment, he was awarded the home we once lived in (of which we both were listed on the loan and title).  I quit claim deeded the home back to him (thus removing me from title) and since then he has changed the title to be reissued under his living trust.  Since he has never refinanced (but has since remarried), my name is still showing on the loan documents and during the past year, he has been paying 30+ days late. The negative reporting is affecting my FICO score and because of this, I am having my credit limits reduced substantially (in some cases closed completely) on credit cards and other merchant accounts.  My credit score has gone from 800+ to a mid 600.  I have called the bank to explain the situation and have provided them a copy of the divorce decree, but they still refuse to release me from the loan.  My ex-husband has told me that he will not remove me from the loan document (he says it is not his problem) and that it is just something I have to deal with because he is not willing to refinance the home.  I feel it is just his way of getting back at me.  

In addition to all of this, I declared bankruptcy (immediately filed after the divorce was finalized in 1994) that should have expunged me from that liability because it was specifically named in my bankruptcy.

Can anyone shed some light onto my situation and advise me what I can do to get removed from this loan and to have my credit repaired?

[medicgrrl]

Are you positive that the loan was included in the BK?  Usually if it is included then it is considered a Deed in Lieu of foreclosure I think.  If it was really somehow included and you were released thru the BK court then I would contact your bankruptcy attorney and ask him what legal rights the lender has to continue to report this on your credit report.  Usually installment loans for property that you are keeping are reaffirmed.

[Anonymous]

I am positive that the home loan was included in the B/K (it was originally Home Savings and now it is WAMU). 

I have also supplied all of this information to EX/TU/EQ and they have all told me that they cannot change the reporting because it needs to be corrected on the bank side, not their side.  They have all replied that they have verified the information with the merchant and that it is correct.  My B/K atty told me to supply them my judgment paperwork and b/k paperwork and that would be enough for them to remove it (along with a letter explaining my situation).  None of the three agencies are even giving me the time of day. 

[Anonymous]

was it stated in your divorce decree that he was to refinance the home onto a loan of his own within a certain timeframe?

[Anonymous]

No it wasn't. 

In hindsight, we should have demanded that be listed in the divorce decree.

Any thoughts as to what I can/should do?

[Anonymous]

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@Anonymous wrote:

No it wasn't. 

In hindsight, we should have demanded that be listed in the divorce decree.

Any thoughts as to what I can/should do?

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yuck. i was thinking if it was listed as such you could just sue your ex for failure to comply. is your bk attorney willing to go to bat for you with the bank? they may have more luck than you with the bank. i myself would probably be looking for a free consult w/an attorney to try and find a way to force your ex's hand in refinancing. sorry i have no other advice and i hope you can get it all straight.

[Anonymous]

Okay thanks.  I think there is no way he will refinance it because he has a second trsut deed and another lien on the property.  Thank you for your help and if you think of anything (or if anyone else for that matter) has any other opinions or ideas, please chime in.

Much thanks!!!

[wilee]

I think you're making this more complicated than it is. It really shouldn't involve your ex in my opinion. This is simply an account the should have reported "Included in Bankruptcy" for 7 years then dropped off. I'm assuming you filed chapter 7.

I would send a dispute letter to the CRA's and dispute as obsolete as it was included in a discharged BK in 1994/1995 and should have been removed in 2001/2002. Provide documentation to support your claim. 

[krielly]

Send a certfied letter to your bank along with a copy of your BK discharge. Advise them that they are in violation. Insist on immediate action and advise them if they do not comply you will be forced to take legal action.

Others are correct. Your BK takes care of this, regardless of whether or not your DH ever refinances. If you included this in BK, it should have been reporting on your credit as such, and with a Chapter 7, dropped off your report after 10 years from the date of your chapter 7 filing.

K

[medicgrrl]

I agree, leave the ex out of this.  Dispute it with the OC and the CRA and supply them all the documents and discharge from the BK.  If they still fail to comply then get your BK attorney involved because their failure to comply is a BIG no no and could have serious legal ramifications.  I'm surprised your attorney didn't offer to write a quick letter on your behalf to send with the documents.  I wouldn't think it would cost more than an hour of work.