My husband was divorced in 1985 and his ex wife was awarded the house. A quit claim was filed to take his name off of the property. However, she has never assumed the loan, adn can't because she has never worked. She has has 23 payments over 30 days late, 10 payments over 60 days, and 2 payments over 90 days. This has shown up on his credit for years. Nothing else on the credit report shows any late payments. He has tried to have this fixed, but can't. Any ideas on what to do? We are trying to buy a home.
Only way to get him off the mortgage note and not be liable is for her to refinance it under just her name. Quit claim deeding it only gives the home to her but the mortgage note and the deed are two separate issues here. I went thru a divorce in 97 and my ex quit claim deeded me our home. I got remarried in 98 and we just refinanced the mortgage and put it in mine and my new husbands name. Has he asked her to refinance it? The only thing is with her payment history who would take the loan. I hope you get it figured out. Maybe you could call the lawyer who handled the divorce for ideas.
She can't refinance it, she doesn't work and won't. The total balance of the loan is les than $1000.00 and the payments are less than $300.00 per month. She is just plain lazy. I guess that we will have to pay the loan off ourselves.
I would pay it off then if it's only 1k. I'm not sure if you could then turn around and sue her for 1/2 of it in small claims court.
