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msfostee
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Reged: 10/02/07
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Ex didn't refi home, now he has been forclosed on.
      #299192 - 10/02/07 08:55 PM

My ex-husband and I divorced several years ago. I did not hire a lawyer. But the divorce decree plainly states that he was to refinance the home that we shared in his name alone within a "reasonable amount of time".
When I moved out of the home the payments were current. That was the last time the bank recieved any money. I quizzed him on whether or not he was in communication with the bank about our divorce and also about what was stated in the divorce decree. I stopped recieving any correspondence from the lender and assumed that all was well. In the meantime, I moved out of state and filed for bankruptcy on other debt accumulated during the marriage. Mistakabley on my part the debt was all in my name alone because he had poor credit at the time we married. Again, I asked him if he had taken care of the mortgage loan because it was still being reported on my credit report as being in default at the time I was going through bankruptcy. He assured me that he had talked to them and I was not to be apart of the forclosure.
Come to find out, now that I have tried to refi my car and re-establish credit that the home is still being reported but now as a forclosure.
Because it was in the divorce decree for him to re-finance and he did not, do I have any recourse?
Looking back, I should not have taken his word for it or should have had my bankruptcy atty look into it. But my ex and I were on good terms and I did not have any reason not to believe what he was telling me.
Any suggestions, or insight would be very helpful.


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Gecko
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Reged: 06/01/04
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Re: Ex didn't refi home, now he has been forclosed on. [Re: msfostee]
      #300322 - 10/04/07 07:09 PM

Since you filed BK, the house...because it was in your name, should have been part of the BK and should have been surrendered and as such, the mortgage company is in err for reporting it on YOUR credit report as a forclosure AFTER the bankruptcy. However, they have every legal right to have reported it as a forclosure BEFORE the bankruptcy.

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If you air your dirty linen in public, expect people to comment on the skid marks!


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msfostee
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Reged: 10/02/07
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Re: Ex didn't refi home, now he has been forclosed on. [Re: Gecko]
      #301436 - 10/08/07 11:20 AM

Thank you. I called the Wells Fargo and took the "already filed bankruptcy" route instead of "the ex was suppose to refi" and I got much further. We will see where it goes from here.

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