powersmf
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Reged: 03/26/07
Posts: 6
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I have been divorce since 2000 in Texas. The divorce decree states that I am responsibly for the “indebtedness to Wells Fargo Home Mortgage for the mortgage on the house atxxxxxxxxxxxx" My ex obtained a home equity and consolidation loan with another financial institute, paid off the orginal mortgage and expects me to pay. I feel that I am free from any obligation since she obtain another loan on her own, without my knowledge. What do you think
Edited by powersmf (03/26/07 11:02 PM)
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Rebecca5
Carpal \'Tunnel
Reged: 06/02/05
Posts: 11697
Loc: Down home.
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I think you should take the address out of your post immediately.
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googledad
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Reged: 12/31/05
Posts: 10207
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You are still responsible for the original mortgage as per your divorce decree , her refinancing DOES NOT relieve you of that responsibility .
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Careful. We don't want to learn from this.
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powersmf
recently joined
Reged: 03/26/07
Posts: 6
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So, she can continually refinace and I have to pay. How and why is that. What should I be responsibly for another mortgage, she did not let me knw anything about it. What about pushing the issue to modify the decree
Thanks
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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You are responsible for the original amount , not anything inflated due to debt consolidation .
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Careful. We don't want to learn from this.
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powersmf
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Posts: 6
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Thank you, was not thinking, lol
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Miranda
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Posts: 20822
Loc: North of Mexico
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[quote]You are still responsible for the original mortgage as per your divorce decree , her refinancing DOES NOT relieve you of that responsibility . [/quote]
If she re fi=ed wouldn't/cpouldn't the original loan be paid off?
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13.1...because I am only half crazy!
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powersmf
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Reged: 03/26/07
Posts: 6
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The orginal loan that we both signed is paid off, she refinanced on her on with a differernt bank within the same corporation(i.e Wells Fargo Home Mortgage to Wells Fargo Financial) I have a letter stating that the loan (orginal) was paid off
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googledad
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Reged: 12/31/05
Posts: 10207
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He agreed to a debt and the debt still exists just in a different form .
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Careful. We don't want to learn from this.
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powersmf
recently joined
Reged: 03/26/07
Posts: 6
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I agree that I would pay the house (why, I have no idea, i guess thats what drinking does, lol) However, so instead of paying off the mortgage in 2028, I have to pay until 2037. Somethings wrong with that pictures. I feel you made a decision to refi and pay off her debt without talking to me, she needs to live with that decision. I feel that the debt that was owed was paid in full.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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You do not owe the current mortgage ( the refinanced one with the increased debt ), you do owe the value of the original mortgage you agreed to . You may need and accountant to figure out the correct amount and a trip to court to clarify your responsibility . Your ex may be admonished for the refi without your approval .
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Careful. We don't want to learn from this.
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powersmf
recently joined
Reged: 03/26/07
Posts: 6
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FYI - I spoke to a lawyer, he stated that the decree was specific about the debt and that it was paid off. My obligation was cleared. Secondly, in the decree it specifically states that either of us enter a new debt with the knowledge and consent, the other is cleared. With that said, the lawyer also said that nothing stops her from trying to get some money from me because of "spirit and intent" of the decree
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