Stuck on mortgage with ex husband. He did not refi or make payments per terms of divorce. Went to court to have decree enforced. Judge said I wasn't owed the payments I made and he did not address the refi issue. I have no more money for my attorney to appeal this. Since then ex filed bankruptcy. First and second mortgages are on the home and there was a third at one time which was a joint loan obtained with my forged signature. I got release of liability on that loan. No doubt my ex forged my signature. Any hope for me at all on those first and second mortgages? They are really messing up my debt to income ratio, although I have rebuilt my credit back up to 765. This is a nightmare. Was married for twenty plus years. Ex is realtor and appraiser, play the game and played me. State is MN. by jat651806354 from Henning, Minnesota. Jul 8th 2015
We can look at where the value currently is on the home to see what can be done. Also we have some government assisted programs that may help as well. Call me anytime Tomorrow. Joe Becker - 651-636-2840 nmls# 109946. Roseville MN
Rough situation. I have a couple questions, you mention your DTI ratio,are you trying to refinance this house or attempting to purchase a new home on your own? I have recently worked with a client who had a very similar situation and we were able to get around the old debt. If you'd like to discuss further, please feel free to reach me anytime.
Have you tried filing a complaint with your state's attorney general office?? its free legal help. or contact the state in reference to his licensing in regards to potential foul play if you have proof he forged your signature.
unfortunately, until the loans are paid off, they will remain on your credit and you will be affected by his payment history.. I have heard of some lenders who will ignore and remove from your ratio's the ex spouses mortgage if you can prove the ex spouse paid the past 12 months payments.. but this would entail his cooperation.. You could also file without an attorney and attempt to have the court enforce the decree.. but you need to do your research and be prepared before going in.. You can also check with the family court to see if they have any resources which can aid you in getting this enforced.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com
This is directly from Fannie Mae guidelines...Court-Ordered Assignment of DebtWhen a borrower has outstanding debt that was assigned to another party by court order (such as under a divorce decree or separation agreement) and the creditor does not release the borrower from liability, the borrower has a contingent liability. The lender is not required to count this contingent liability as part of the borrower's recurring monthly debt obligations. The lender is not required to evaluate the payment history for the assigned debt after the effective date of the assignment. The lender cannot disregard the borrower's payment history for the debt before its assignment.This should allow you to qualify without this debt as long as the divorce decree clearly spells out that your ex is responsible for the mortgage secured by your marital home.
Your question appears to just be about getting the loans off your credit... And unfortunately, a divorce decree does not absolve you of the loan itself. Your only choice is for him to sell or refinance those loans. So from that angle, I don't see much you can do unless he wants to play. But at this point, it looks like he doesn't want to play. If you were looking for a new home loan for yourself, and assuming the divorce decree shows he is responsible for the mortgage, and as long as ALL negative information relating to those mortgage loans are AFTER the divorce is final, then you have a potential to get around those issue for yourself on a new mortgage loan.
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