Ex late payments on mortgage

Forum|Forum|5 years ago
August 22, 2020
1 reply
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I divorced several years ago and part of the settlement is I pay half the mortgage payment thru1/2021. She is the only one on the deed but unfortunately, my name is on the mortgage that she constantly pays late (at least 6 times 30day on CB in the last 12 months). I am trying to purchase another property and am unable to obtain due to her late payments. After 1/2021 when I stop paying half, it will get even worse. I have no idea what to do at this point.

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Opus 17

I think your attorney screwed up in agreeing to this in the first place. You may not even be able to qualify for a second mortgage while you are on the hook for this mortgage. You have the right to insert a 300 word statement into each of your 3 credit reports, if you contact the credit bureaus individually. That won’t change your score, but the bank may see it when they review your credit application and you may have the opportunity to explain the situation to them. Unfortunately, if you still are legally obligated on the original mortgage, that may make you look like a bad borrower, because at any time, that mortgage could come due, especially if your ex is not a credit worthy person themselves.

I am not an attorney, but the only permanent solution I can think of is to sue your wife to change the terms of the divorce agreement whereby either, the mortgage must be refinanced in her name alone, or the home is sold and divided.

It is frankly a terrible idea for you to be obligated on the mortgage when you have no control over whether the mortgage is paid or how the property is taken care of. And I think your attorney made a major mistake here.