In my divorce decree, my ex and I agreed that he would retain the home and attempt to refinance it to get my name off the mortgage. I signed a quit claim deed. I checked with him periodically and trusted him when he said he was making efforts at refinancing. Then I received a notice that our former home was going into foreclosure, and that my ex had just walked away. He did not answer my phone calls or emails asking why he hadn't pursued a short sale or deed-in-lieu. I called the mortgage company's representative to discuss what my options were, and he said that once the foreclosure was complete, I could call the credit reporting agencies and explain my situation to get the foreclosure removed from my credit. I do not know if I believe this. What can I actually do?
Real Estate Attorney
No, you will be unable to remove the foreclosure from your credit. While I realize you made a deal with your ex, the bank still has a signed mortgage and note from you. So, unless you can work something out with the bank, you will have a foreclosure on your record and you could be subject to a deficiency judgment after the foreclosure is completed. You may want to consult with an attorney and at least try and be proactive with the bank so that you later on do not have a judgment following you.
I am licensed attorney in Ohio & Kentucky. Posting a response to your question or issue does not create an attorney-client relationship and I am not providing you legal advice. Every case is fact specific; therefore my response should not be construed as a legal opinion. You should speak with an attorney who is licensed in your state to whom you have provided all the facts, before you take steps that may impact your legal rights or right to recover damages. This communication does not create an attorney-client relationship with Joseph L. Beyke or Mills, Mills, Fiely & Lucas, LLC.
Chapter 7 Bankruptcy Attorney
This is a very unfortunate circumstance. The problem(s), as you have found are that you are still obligated on the note and therefore obligated for any deficiency. I think your credit report is far less important than any potential deficiency claim that might be brought against you. The creditor could also garnish your bank account or wages.
Forget about your Credit Report and protect your finances. Seek a local attorney to find out if you have any remedies and if you need to consider bankruptcy. You may have some relief through the Domestic Court for failure to hold you harmless on the debt.
This answer is provided for informational purposes only and is not legal advice. No attorney/client relationship is created.
Family Law Attorney
I am sorry but the credit bureaus nor the foreclosure courts care one bit about you Divorce decree. They only care that your name was still on it. What you can do however is, depending on the language of the entry, take him back to court for violating the same. You may or may not be able to file a show cause motion and motion for attorney fees. Depending on the entry you may have a course of action. Consult your divorce attorney. Good luck.
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