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House went into Foreclosure, 2nd mortgage was not cleared and still shows on my credit report.

Jackson, MI |

I left my marriage of 19 years in 2009 due to abuse. I took almost $30,000 in credit card debt and he took the house but instead of refinancing like he said he lived in it for 18 months and never made a payment so it was foreclosed on. I just recently learned that the 2nd mortgage that we had was not paid and $9300 still shows owed and past due on my credit report. Is there anything I can do to get this taken care of?

Attorney Answers 4

  1. There are a couple of possible things you could do. 1) You could take your ex to court for breach of the agreement. Presumably, it has these terms in it and the court could enforce it. Collecting against your ex could be problematic, however. 2) You can write to each of the credit reporting bureaus and explain the circumstances. They will make a notation in your file. While some lenders will not consider the extenuating circumstances, others will, and that may be all that you need. It avoids the need to take your ex to court, in any event, and it shows the lenders that you take your finances and your credit record seriously.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  2. Dispute the charge on your credit report and send a copy of the divorce judgment to the major credit reporting agencies. Explain that you were not responsible for that $9,300 and take them to court if they refuse to remove the charge.

  3. Yes, as the other attorneys have mentioned, you can dispute this with the credit bureaus. Unfortunately, a divorce agreement doesn't cancel out a contract you sign with the banks. You are still legally obligated on the note if you signed the note. You may want to investigate the possibility of suing your ex, or speaking with your family lawyer about whether there are any repercussions for not abiding by the divorce agreement.

    Please note that no attorney-client relationship is created by my answers to questions on the Avvo forum. My responses should not be construed as legal advice, regardless of whether I am admitted to practice in your state or not. I am an attorney in Miami Beach, FL, practicing foreclosure, bankruptcy, credit repair, debt defense, and aviation law. Please consult a lawyer in your state if you seek legal advice.

  4. You are on the hook for this $9,300 if your name is on the 2nd mortgage. If you can't get the ex to contribute and/or if he is insolvent or uncollectable, you can seek to cut a deal with this lender. 2nd mortgages can sometimes be reduced through negotiation. I suggest you contact an experienced consumer protection lawyer to assist you.

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