I pulled my credit report to check it, and I found that the mortgage I had with my ex-husband is a giant bleeding credit wound. Been divorced for 8 years, and I signed the house and mortgage over to him years ago. I signed the papers under an attorney’s supervision, so I assumed they were legit. Seems the ex has not paid a dime since April, but why is it on my credit report?
I’ve no idea how to contact my ex, as I’ve not spoken with him for five or six years. (Not a nasty divorce, fairly amicable, just no reason to talk anymore.) It’s hard to imagine him not making his mortgage payments, but I guess one never knows, and anything’s possible… Oddly, it seems he’s only paid off $7K of the mortgage in the past 8 years.
So why do I have a $50K+ hit on my credit? And how do I get rid of it? That little “dispute” option on the Experian site seems so inadequate for a $50K mortgage debt that isn’t mine. Something seems fishy to me, but I can’t put my finger on it…
So why and what next are my questions. I’ll lawyer up if need be, but I want a little more info before I do.
How exactly did you “sign over” the mortgage to your ex-husband? You’d have to get the mortgage holder’s permission for something like that–you can’t get rid of your own debts unilaterally.
It was all part of the divorce procedure. The attorney presented the documents, explained them, and I signed over my share of the property in exchange for a check from my ex for my share of the equity. The mortgage holder was in agreement, and all the legal documents were in order. The mortgage simply shifted from Me+Him to just Him.
Did you get something in writing from the mortgage holder releasing you from the mortgage?
If so, that would be the starting point for your dispute. Follow the dispute process as described on Experian’s site and send a copy of that document to them. They’ll attempt to verify the information with the mortgage holder and they might well realize they screwed up, or they might insist they’re right, and you’ll probably have to sue them and the credit bureau to get things straightened out.
If not, you need to have a talk with the attorney that handled the divorce. Just please tell me you both weren’t represented by the same attorney. The fishiness you can’t put your finger on might eminate from there.
That’s frightening. Neither one of hired the attorney, but he was our next door neighbor. He filed the divorce papers for free, and at one point, told me, “I’m working for both of your best interests.”
"No, you’re not, " I told him, “because I’m not paying you, and until I pay you, you are not MY attorney. You’re just a friend doing us a favor.”
I’ll look into that, though. Thanks, much. Now at least I have a starting point.
In my not-a-lawyer-and-not-your-attorney opinion none of those deeds relieve either party from responsibility as to the joint mortgage debt, which would possibly be why it’s a festering sore on your credit report. Your ex would probably have had to refinance in his name only. Perhaps someone more knowledgeable about these sorts of things will correct me if I’m off the mark.