ConsumerInfo.Com, A Homestore™ Company CreditCheck Monitoring Service Credit Reporting Products CreditMatters Members

In my divorce decree, it was ordered that my ex-husband remove my name from our existing mortgage by refinancing the loan, as he was awarded the house. Even though it's been almost an entire year, he has still not done this. I have tried twice to purchase a home and have been turned down both times due to my name still being on his mortgage because it makes it look like I already have a mortgage to pay. I have already "quit-claimed" the deed over to him as per the judge's order. How can I force him to uphold the judgment and, if I can't do that, is there any other way I can get my name off those papers? I have tried giving mortgage lenders a copy of the divorce decree, but to no avail.

Unfortunately, many people find out after the fact that financial institutions do not legally have to honor terms laid out in divorce decrees. Whatever accounts and agreements you and your now ex-husband made when you were married still apply as far as your creditors are concerned until such accounts are either closed or refinanced. This is why you are having such a hard time getting your lender to remove your name from the mortgage papers and why lenders you have applied to have turned you down. In the eyes of the lenders, although you are not on the deed to the house, you already have a mortgage. If they granted you a new one, you would, technically, have two--normally not seen as a good risk for your new lender getting paid on time. The old mortgage must be refinanced to remove your name and clear you of the financial burden associated with this loan.

Since you have signed the quit claim as requested by the court, you have held up your end of the agreement. However, forcing your ex to uphold his end by refinancing may require actually taking him back to court and suing him for not carrying out the divorce decree terms. This can be costly, but it is an alternative.

If your ex continues to be uncooperative and you choose not to sue, you might try calling up the mortgage company and letting them know that you are no longer contributing to the repayment of this loan. In other words, the original terms under which the lender made the loan don't apply anymore. Since they made the loan to both of you, not just your husband, the income that they used to calculate the loan may now be reduced to an unacceptable level, thus jeopardizing the repayment of the loan. Since they may not know this now, your making them aware may prompt them to contact your ex-husband and request that he refinance sooner rather than later. There's no guarantee that this will work for your purposes, but it's an idea worth a try if you find you have no other recourse.



FREE Email Newsletter
YES! I want to receive the ConsumerInfo.com email newsletter and select special offers.
First Name:
Last Name:
Email Address:
Zip Code:
 
 



Email Newsletter   |   Refer a Friend
Online Credit Report   |   3 Bureau Online Credit Report   |   Instant Credit Report
Privacy Notice   |   Contact CreditMatters   |   About Us
CreditMatters Home

Experian Interactive Companies
PriceGrabber.com|LowerMyBills.com|FreeCreditReport.com|ClassesUSA.com

Copyright © 2002 CreditMatters, a ConsumerInfo.Com Site.
All Rights Reserved.

Terms of Service