A friend of mine is going thru a divorce. They had mediation about two weeks ago, and they decided she is to stay in the house, stay on top of the mortgage payments and upkeep until the house sells - and she will be responsible for all closing costs and such involved in the sale. The home was bought in his credit because hers was too poor to use (however, they were married when it was bought and this is Texas). TWO WEEKS LATER, she informs him she is moving out of the house and will not be paying the mortgage any longer. To me, this seems to be malicious intent to ruin his credit. I know hers will suffer as well, but hers is already ruined and it's not a big deal to her. She got the 15k judgement she wanted and the order to sell the home so he won't get it - she feels she is set now. His credit, however is perfect. He is trying to get in contact with his lawyer to see if there is any problem with him moving back in while it's on the market and make the pmts himself. Can a case be brought against her for intent to ruin his credit? The court order specifies she is responsible for these payments. I'm pretty sure he can sue her to get the money back she was obligated to pay, so I'm just curious about the intent to ruin his report or any other insight anyone might have to offer. Thanks!
The FCRA unfortunately doesn't have any consumer to consumer recourse provisions. State or common law credit defamation more than likely also would only cover the furnisher of information, since the ex isn't a furnisher of information, that probably wouldn't offer any relief as well. The best thing (the lawyer will probably suggest this, or something similar on Monday morning) probably would be to immediately, do not pass go, take her back before the same divorce court judge for violating the divorce decree, and see if they'll issue either an order forcing her to comply, or an order that if he has to pay the bills that she obligated herself to in the divorce settlement, that she will owe him + interest, fees, etc. (But if she's ruined her credit, and kept it ruined, the latter won't be much of a deterent.) Especially being recent the judge more than likely won't like having to enforce the divorce court ruling before the ink dries.
