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Foreclosure!

colotwinsdad's picture

Has anyone had any experience with handling a mortgage deficiency on a foreclosed home?

I just got word that I was in collections on the home that My ex was awarded in our divorce. It went into foreclosure a little over a year ago before she managed to get my name off of the loan. I fought to have it removed but they wouldn't remove me until she could qualify for a new loan which she didn't. My divorce papers said that she is responsible for any gain or loss with the house, but like I said, my name was still on the loan papers.

Has anyone had any experience getting the debt dropped or at least getting it out of their name and to the responsible party?

Thanks in andvance!

wth was I thinking's picture

Not going to happen, I'm sorry to say. The banks couldn't care less about your divorce decree. I went through the same thing, ex agreed to pay for the house and eventually sell/refinance and instead let it foreclose about a year later. The bank was very uninterested in what I had written in my decree. Your name is on the loan. Period. It sucks, I'm closing in on my three year waiting period before I can buy again, apartment living is NOT for me.

ETA, you say she removed your name from the loan after foreclosure proceedings began? How??

amber3902's picture

First you say your house "went into foreclosure a little over a year ago before she managed to get my name off of the loan"

Then you say "I fought to have it removed but they wouldn't remove me until she could qualify for a new loan which she didn't."

So did your ex qualify for a new loan or not? Because the only way you can get your name off the house is for the other party to refinance and take out a loan in their name alone.

I went through the same thing with my ex-husband. We had a house in both of our names. He kept the house. The only way to get my name off the mortgage loan was for my ex to refinance and get a loan in his name alone. Because of his income and credit, he didn't qualify for a loan on his own.

What eventually happened was while my girls and I were living in an apartment, ex remained in the house. He could not make the monthly payments on the house so eventually the house went into foreclosure. We could have sold the house, but he refused. So his stupidity ruined both of our credit.

However, since I had already moved into an apartment, I didn't need credit for anything. And since the foreclosure, I have steadily worked on improving my credit. Even with the foreclosure on my credit report, I still have a credit score of 683.

But back to you - the only way to get the debt dropped or "out of your name" is if your ex had the mortgage put in her name alone, which sounds like that didn't happen. And if that didn't happen, then both of you are on the hook for the debt.

And just to give you some friendly advice - please note it doesn't matter what your divorce order says. A divorce order can not force a bank to give a mortgage to a person, if that person does not meet their qualifications.

I'm sorry, but there's nothing you can do.

Now, I know this sounds a little unethical, but you don't have to pay this debt back. Thanks to the recent house bubble and recessions, foreclosures are not viewed that harshly. And in a few years it won't affect your credit so much.

It's been three years since my foreclosure, and I now have a credit card with $6,000 limit, so your credit can recover from this.

colotwinsdad's picture

Did either of you get an attorney and try to fight it?

Did you end up paying the debt or choose to ignore it?

amber3902's picture

"Did either of you get an attorney and try to fight it?"
Any attorney that agrees to fight this is taking your money. There is nothing to fight. Even if the divorce decrees she was supposed to refinance, if she couldn't get a bank to give her a loan, there's nothing you or the courts can do.

"Did you end up paying the debt or choose to ignore it?"
Sorry if I didn't make it clear in my post - I did not pay the debt. I "ignored" it. It did affect my credit for a while, but like I said in my post, foreclosures are not being viewed that harshly and I have managed to build my credit score back up, even with the foreclosure on my record.

Now would you mind answering my questions - What did you mean when you said the house "went into foreclosure a little over a year ago before she managed to get my name off of the loan."

Did your ex qualify for a new loan or not?

colotwinsdad's picture

sorry about that. Just mis-worded on my part.
No she never was able to refinance.
even after remarrying they weren't able to qualify because her new husband already had a mortgage of his own.

Glassslipper's picture

My ex ran up over 80,000 in credit card debt paying our bills with credit cards and giving all our cash to his girlfriend.
In the divorce we were both assigned half the debt, if he didn't pay his, I was responsible.

My friend and her husband got a truck with loan, he was awarded it in the divorce and couldn't make the payments, so he drive it into a tree to collect the insurance to pay it off. He got busted for insurance fraud and they didn't pay out, he filed bankruptcy, they came after his ex-wife for the loan...she is still paying it.

Your on the home loan, its your problem, cut and dry / black and white. Sorry to hear Sad

colotwinsdad's picture

There was no way I could take it over and pay the backlog so it was foreclosed on. I couldn't get any answers from the bank as to whether they were going to hold us accountable for the difference in the mortgage and that was in February.

Now I am seeing that it is in collections and may have been since January.