Hello,
My wife and I have divorced and I was awarded the house and obligated to pay payments alone as of May 1st. I can't afford the home alone. I've tried to assume the loan on my own and tried to modify the loan and have been denied for both. The bank actually recommended I do either a short sale or deed in lieu of foreclosure. My exwife has been contributing to half of the mortgage since our divorce was final in fear of hurting her credit since she is still on the mortgage and title. My question is this? If she sent a letter to the bank with a copy of our decree requesting they stop reporting credit to her name will the bank honor that? If so, does that mean I can stop making the payments and list the home for short sale and it will only affect my credit? I'm in a tough situation, I don't think I'll make the July mortgage payment which is already 7 days late and if I don't make it will it affect me only or will it affect her? She has the decree to fight her case but I don't know what to do. I'm so broke. Need help please.
Joel Owens
July 11, 2010
Unfortunately this is a COMMON MISCONCEPTION.
The divorce decree from a judge does not supersede previous agreements on joint accounts you have.
So for example credit card accounts and mortgages etc. if the judge says you pay and you default they WILL STILL come after your ex-wife.
Now the ex-wife can still go to court to try and enforce the decree but that will not save her credit. Getting her off title won't do anything either except make it to where you can sign off on the DIL or short sale on your own.
When 3 months of payments are missed you get a M-9 rating on your credit report which is almost as bad as a foreclosure.
So unless the ex-wife keeps making the payment her credit will get trashed for awhile.The bank will not let her off the hook on the note when they can extract money from her because she values her credit rating. After the DIL or the foreclosure it will be 2 years or more before you can even think of either of you getting a home loan.More than likely 4 years or so.
If she is thinking of buying something now car,house,etc. and can still qualify with your mortgage debt and the new mortgage she may want to go ahead and purchase before credit is trashed. I now many that do this. They are upside down on a home but want to get a deal with low interest rates in a down market. They make enough money to afford 2 homes. They buy the second home and then try to rent the underwater in value home until the market recovers. If they can't rent they let go to foreclosure but don't care because they are in the new home. This process is called a STRATEGIC DEFAULT.
Sorry for the bad news.No legal advice.