sticky mortgage situation

[mackied]

Good morning,

I am writing this on behalf of a family member. She went through a nasty divorce in 2009 and had to vacate the home. The ex husband still resides in the home, however he has paid the mortgage late consistently and the house is always going into pre foreclosure. Because he refuses to sell the home her name remains on the mortgage and her credit score is horrible because of this. Is there any way to remove her off of this so she can try to salvage her credit? Can it be reported to the credit bureaus?

[Glacier]

I believe he would have to refinance into is name only.  Does the divorce decree mention he needed to do that? 

[mackied]

42 minutes ago, Glacier said:

I believe he would have to refinance into is name only.  Does the divorce decree mention he needed to do that? 

No it didnt

[centex]

34 minutes ago, mackied said:

No it didnt

Her attorney screwed the pooch...and if it did not require a refinance, then what language WAS included as to possession of the home?

 

Did they at least get ANY language in the Decree that spoke to payments and that lends itself to a Contempt proceeding? 

[mackied]

10 minutes ago, centex said:

Her attorney screwed the pooch...and if it did not require a refinance, then what language WAS included as to possession of the home?

 

Did they at least get ANY language in the Decree that spoke to payments and that lends itself to a Contempt proceeding? 

The whole divorce was a disaster. I don't believe it said anything as to regards of payments. It said that he had sole possession of the home. I can find out but I doubt it said anything other than that.

[IndyPoolPlayer]

Hopefully she wasn't forced into a quitclaim even though she was on the mortgage

[Captchaos145]

On 10/2/2018 at 11:24 AM, centex said:

Her attorney screwed the pooch...and if it did not require a refinance, then what language WAS included as to possession of the home?

 

Did they at least get ANY language in the Decree that spoke to payments and that lends itself to a Contempt proceeding? 

Yes this post is correct if indeed the OP is correct. I get refinance referrals these days and half of them are due to divorce decrees stipulating the person residing in the home needs to refinance the mortgage to get the person no longer living in the home OFF that loan.