divorce issues

[Anonymous]

Is there any way to get a mortgage and equity loan off of my credit since it was awarded to my husband in the divorce 4 years ago? The loans were in my name only and he never paid them.  The house was forclosed on and sold at auction and the 2nd was still outstanding until recently when I settled the debt.  Yes I am in litigation with him again over this, though it won't help my credit I'm hoping to recover the money he should have paid.  I spoke to the bank that held both loans and they will not remove them from my report.  Is there any way to get them removed??

Any help would be greatly appreciated.

[203bravo]

Unfortunately there is no way.  The creditor does not care about the divorce decree, and actually the decree should have ordered him to finance them solely into his name within a certain time period.  Since he failed to abide by the judges orders then he is in contempt and yes you can pursue legal action and have a case, but the CR is already set.

You can attempt to GW them and maybe get your case to someone with a heart and get some love that way.

Best of luck.

[Anonymous]

I'm sorry designergirl, I agree with 203Bravo.  A divorce decree does not override agreements you have signed with creditors prior to the divorce.  The creditor does not care who got what in the divorce, they only care about their money and whose signature is on the credit ap.  You got bad legal advice because your attorney should have advised to require that the ex refinance the property in x number of days or it will be sold.  The divorce decree is a legal contract between the divorcing parties though and if he did not pay the debt, then you sue the ex. 

GW is your only friend right now.

I'm sorry, wish we had better things to say.

[Anonymous]

You might be stuck.

You have indicated that certain accounts are involved in a divorce decree and are the responsibility of another party. Please be aware that a divorce decree does not supersede the original contract with the creditor and does not release you from legal responsibility on any accounts. You must contact each creditor individually and seek their legal binding release of your obligation. Only after that release can your credit history be updated accordingly.

If such accounts are still open and available for credit use, then it is prudent to urgently resolve those responsibilities. Once resolved, the creditors should properly update that on your Credit Report during their next reporting cycle to us. If the update has not yet occurred and you have documentation of the release from the creditor, you can provide that material to us via the mail (address listed on your credit report).

I would get a good attorney and go after him for contemp of a court order.  Remember he is also hurting your credit and you can sue for that.

[marty56]

Slightly off topic here but you need to monitor your credit.  This will stop your EX from doing anymore damage to you by taking out loans in your name.  This happend to a friend of mine.

[Anonymous]

Thanks to all of you!  I have read everything everyone had to say and had the same thought, I'm pretty much out of luck.

 As for your suggestions;

I did have in the divorce decree all of the things you suggested and in the return court cases (2) the rest of what you suggested.  The house never sold, he never paid on it and it was foreclosed on and sold at a sheriffs auction.  The second mortgage was not covered. To the tune of 55 thousand plus.  I finally got tired of the threats and settled the debt for 7500.00 (yes the decimal is in the right place) and am in the process of taking him back to court again for the 3 outstanding contempt charges plus the recovery of the 7500 (and anything else I can get the court to grant me).  Then it's off to the collection battle.  I guess we'll see if he pays when he has to go to jail for the 90 days already outstanding and another 30 when he doesn't pay this time. Unfortunately you can make a piece of paper say whatever you want it to but, the court can't/wont enforce it when it comes to payment.

Anyway, thanks again for taking the time to reply.

[Anonymous]

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@Anonymous wrote:

The divorce decree is a legal contract between the divorcing parties though and if he did not pay the debt, then you sue the ex. 

GW is your only friend right now.

I'm sorry, wish we had better things to say.

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Hello group,

So what sort of attorney would you have to hire? 

My friends situation is similar to the original poster, designergirl.  The divorce was final last year, they agreed he'd take the house and all the debt.  He never made any payments, bought a new car (then lost it) and then filed bankruptcy.

The issue she's dealing with is the HELOC loan, which he also agreed to take this debt in the divorce and I suspect he filed bankruptcy on it.  It was originally 40,000.00 and now her attorney (a new attorney who I am suspecious of)  has begun dealing with the bank and they are wanting all kinds of financial info from her.  Is that normal when negotiating?  Seems out of line to me at this point.....maybe once they've negotiate or something, but to my knowledge that has not taken place.

Any input would be greatly appreciated.  Thanks in advance.