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Divorce/credit issues

Iamthedude
Member

Divorce/credit issues

First issue (quick fix): STBX was an authorized user on one of my credit cards. I'm not sure how, as I don't recall ever adding her to my account (this is not a joint account, confirmed by my credit report and the CC customer service). Sometime last year I made a late payment, which I'm looking into as I don't recall, what it was for or why (possible an online problem)... as I rarely use this card. It was paid late and paid up to date with a $0 balance. But anyway, I was able to remove her and told that this would prevent her from being reported in the future (by CC customer service).... getting mixed answers on this.

 

Second issue: I set up an automatic payment for the mortgage earlier this year/late last year. One month the payment did not go through. When I was contacted about it, it was immediately paid (but still making it 30 days late). I have filed disputes as there appears to be an issue with the online system, hoping that corrects this.

 

This is only really an issue because spouse vehicle was hit and "totalled". She has threatened legal action if she needs to finance a replacement car and is penalized for any negative impact on her credit report. While neither of two these things were at all intentional, and efforts have been made to correct them, admittedly, they still fall in my lane.

 

Apart from these two issues, my credit is flawless.   

 

Any advice or suggestions? 

Message 1 of 11
10 REPLIES 10
Dumbee
Established Contributor

Re: Divorce/credit issues

Most times, removing an AU will still leave it on the credit report, but will close it as terminated. It will still have the payment history including lates.

 

This can be solved by disputing the account with all 3 bureaus to completely remove it from reports. Your ex would have to do this.


You should attempt to remove the late from the mortgage by contacting the creditor and explaining that. They'll most likely verify the information as accurate if you dispute.


Smiley Embarassed
Personal/40.15K Biz/23K POT/17K
Message 2 of 11
FlaDude
Established Contributor

Re: Divorce/credit issues

Was STBX on the mortgage? If so, they had just as much legal responsiblity as you did to see that the payment was made on time. 

 

As far as the AU, by default it will stay on their report, but usually can be removed by contacting the issuer. When I removed my daughter from a Chase card due to high utilization, they gave us the option of leaving it on, or removing. We opted for the latter and it came off her report (and increased her score) quickly.

 

People like to threaten to sue, but much more rarely actually do so. A simple lawsuit can easily cost thousands of dollars to pursue, with no assurance of prevailing, and the prevailing party does not automatically get their legal fees reimbursed by the losing party. 

Scores: March 21 FICO 8: EX 810, TU 808, EQ 813
AoOA: closed: 36 years, open: 25 years; AAoA: 11.8 years
Amex Gold, Amex Green, Amex Blue, Amex ED, Amex Delta Gold, Amex Hilton Surpass, BoA Platinum Plus, Chase Freedom Unlimited, Chase Amazon, Chase CSP, Chase United Explorer, Citi AA Plat, Sync Lowes, Sync JC Penney - total CL 145k
Loans: Chase car loan (35k/6yrs 0.9%)
Message 3 of 11
calyx
Super Contributor

Re: Divorce/credit issues

Echoing what the others say - STBX would have to ask to have the account removed from their reports, otherwise it will just report as closed/terminated and stay on there.

As for suing because you harmed them by removing them as AU?  Tell them to pound sand.   If you do get a summons, answer it, but I sincerely doubt they'll follow through with their threat.    For the anectdotal record, my EX - of 10y - still pops up to occasionally threaten to sue over something or other.  I have yet to see any actual movement (even while going through divorce or shortly after, and we were married in a community property state).

F8 EQ: 804 | EX: 781 | TU: 782 | Accounts: 2/6 3/12 7/24 | Reporting: AZE10
Happy practitioner of AZE7or8or9or10 | Team Finances > FICO
Message 4 of 11
Slabenstein
Valued Contributor

Re: Divorce/credit issues

Agree w/ the above regarding the threat to sue.  People make threats to sue all the time but rarely follow through, in part b/c of the cost in time and money to do so and in part b/c a frivolous suit wouldn't get very far.  If the mortgage late is on her CR, it's b/c she's was on the mortgage so it's a payment she had responsibility for.  If the late from the AU card is still showing on her reports, she can contact to bureaus to have the tradeline removed since she didn't have payment responsibility.  I'm not a lawyer obviously, but my advice would be to double check with your divorce lawyer and then go on with your life, ignoring your ex.


Message 5 of 11
Iamthedude
Member

Re: Divorce/credit issues

Thanks to those that responded

 

An update... which I wish was good news, but its not and more advice is needed.

 

The credit card issue appears to be resolved(?) at least there is a solution in place. 

 

The mortgage issue is still ongoing. I am with Freedom Mortgage (Not by choice as they bought out my loan from another bank). I have sent several emails, made several phone calls, good will letters, even emailed the CEO/executives a GW letter. They refuse to acknowledge that an automatic online payment that failed to transmit is any part their fault at all. They claim they notified by phone and my voicemail was full (this is BS). The first call I got was when it was already 30 days late. 

 

Im really at a wits end here as I have to refinance as part of the divorce and thanks to these clowns, I might have some difficulty doing so with a recent late payment.... Anybody have any suggestions/advice on how to proceed. (appart from emailing the CEO again and telling him what I really think) 

Message 6 of 11
Brian_Earl_Spilner
Community Leader
Mega Contributor

Re: Divorce/credit issues

Send a copy of your phone bill showing they didn't call.




Message 7 of 11
Iamthedude
Member

Re: Divorce/credit issues

So the dispute with mortgage is not going well, Freedom Mortgage is an abortion of a company to deal with, refusing to even give the benefit of doubt that their online payment system had an issue. 

 

To reiterate my issues here I have one late payment on a credit card which was mine and my STBX is just authorized user to my account (to update my previous post) the 30 day late payment it is becuase I neglected to cancel/opt out of a renewable subscribtion with the card (the actual plastic card is not even activated, I kept this card (ironical) as a way to boost my credit and use as an emergency line of credit should it be needed). The other weird thing is I only recieved a plastic card in my name, mailed only to me (this reinforces my surprise that she was even a UA).... that said the late payment was my fault, but I though this was only my card, and turned out she was an authorized user (thus effecting her credit). I been lead to understand that by removing her, the whole account and its history gets removed automaticaly (from HER report), and if not removed automatically, she can remove the account (and 1 negative payment history). Is this information accurate? Anybody know? She has been badgering me on this issue.

 

F*** freedom mortgage (I hate this $#!t show of company, and cant wait to refinance and run like hell from them). I would suggest people avoid dealing with them and protest any sale to them (I was essentially forced in buisiness with them when another servicer sold to them) When things are working, no issues. The second you have an issue they are a complete DUMPSTER FIRE to deal with. They way they treat customers is aboherant, especially those of us who are Veterans....  F*** FREEDOM MORTGAGE! 

 

Sorry, but not sorry, for my bluntness! I am losing my mind on this issue! Thanks in advance to responses.      

Message 8 of 11
Dumbee
Established Contributor

Re: Divorce/credit issues

@Iamthedude 

 

As said earlier

 

Most times, removing an AU will still leave it on the credit report, but will close it as terminated. It will still have the payment history including lates.

 

This can be solved by disputing the account with all 3 bureaus to completely remove it from reports. Your ex would have to do this.

 


She can dispute the account online with myEquifax, Transunion, and Experian

 

Contact your credit card company to remove her first, to ensure it all goes smoothly.


Smiley Embarassed
Personal/40.15K Biz/23K POT/17K
Message 9 of 11
satio
Frequent Contributor

Re: Divorce/credit issues


@Iamthedude wrote:

The mortgage issue is still ongoing. I am with Freedom Mortgage (Not by choice as they bought out my loan from another bank). I have sent several emails, made several phone calls, good will letters, even emailed the CEO/executives a GW letter. They refuse to acknowledge that an automatic online payment that failed to transmit is any part their fault at all. They claim they notified by phone and my voicemail was full (this is BS). The first call I got was when it was already 30 days late. 

Are the calls that are claimed to have been made to your cell phone?

 

Your position/argument is that you were never contacted until such time as the payment that should have been made via autopay but did not post was due to a failure in their system.

 

Your position is that the only contact  you received was already at a point generating a 30 day late and Freedom's response was that they contacted you but your voicemail was full (which I find hard to believe that such a specific notation "contacted customer but voice mail was full" would be noted in your account but perhaps it could be).

 

I would be examining my phone records in detail for the period of time when these calls occurred and produce that for the CEO which highlights that no call was received if in fact that is what the records show.

 

This was suggested by another and makes the most sense in order to have any standing that the company did not contact you within a reasonable time period for you to correct the matter prior to going past the next payment due date generating the 30 day late.

 

Whether the caller is able to leave a voice mail or not, the incoming call would be listed in your phone records.

 

I would pinpoint the 30 day late call notification and then look for any other inbound call with that number or the same area code and prefix.

 

I'd be interested in what you find from this research.

 

As it relates to STBX threat to sue you, I concur with all others on the matter. Ignore the threat or tell her to pound sand.

 

She can get the AU removal and given that she is on the mortgage and you were married, she has no standing to sue for a late payment in regards to that account.

 

Keep your head up and know that there is light on the other side of what at times seems to be a dark tunnel.

 

Been there, lived it, got through it, still have at least some of the old T-Shirts.

 



Message 10 of 11
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