- 685 Posts. Joined 9/2004
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Unless your ex refinanced the house into his name the bank can not remove you from the loan paperwork.
I know, and he was supposed to do that a long time ago. That's another part of this issue.... that we will probably end up in court over. But in the meantime MY credit is screwed because his priorities are screwed up (brand new $25k truck and other toys vs. paying the mortgage?!) and I can't even qualify for a little emergency credit card.
So I'm just wondering if anyone has ever fought a bank about an issue like this. I have the decree stating that he is solely responsible for the loan payments and that he (*we* since it would require my sig, but he would have to pay whatever it took to do it) would get my name off the loan.
I'm worried that's not enough to get the credit thing taken care of so maybe this is a lost cause.... but I'm hoping that someone out there has a story to share or some advice that would be helpful!
I have numerous years of banking experience and sadly because you are on the legal document you are legally responsible for the payments, regardless of what the courts say. Until your name is off that legal document you are just as liable as the other party. A court 'order' is only a piece of paper.
From my years of experience you probably need a court order for SALE of the property. Give him the option to purchase said property but just removing you for the mortgage or refinance isn't working.
Right now the credit reporting is correct because you are on the loan.
You can try to go search creditboards.com/org/net (not sure which it is) but from the standpoint of the 'bank' you still own the house and you are responsible for that house.
Sorry - hugs..
I would be high tailing it back to my atty's office and getting the first open court date in front of the judge, again asking for SALE of the property. (however since you said the property is already in foreclosure that could be a moot point)
Afraid you're out of luck on this. You can put an "explanation" on your credit report which explains the reasons for the situation, but getting it removed really isn't going to happen. Technically you were responsible for that loan still, until such time as the house was removed from your name and refinanced. Since you would have to sign paperwork in order for that to happen, you theoretically knew it hadn't. The court order isn't going to do you any good in this instance, other than going after your XH - but for what I don't know. The bank is completely in the right.