QUESTION
Do I have any legal recourse if my mortgage payments are not being reflected on my credit report due to my ex-husband filing bankruptcy?
Asked on Oct 29th, 2020 on Divorce - Texas
More details to this question:
I recently checked all three of my credit reports and discovered that none of my mortgage payments for the past three years has been reported to the Credit bureaus. I called the mortgage company and they were no help to me. They said that my exhusband filed bankrutcy and that when the bankruptcy was final, that the loan was not reaffirmed. They explained to me that that is the reason the payments are not being reflected on my credit report. Even though I am not the one who filed bankruptcy, and didn't know when he filed or when his bankruptcy case went to court, I am being negatively impacted, as my credit worthiness with regard to my home mortgage has just stopped. They explained to me that reaffirming the loan would have meant that I was willing to accept responsibility for the loan. The house was awarded to me in the divorce. Do I have any recourse to get this fixed? I don't even know which lawyer, if any to seek help for this matter- divorce or bankruptcy.
1 ANSWER
It sounds as if the proper real estate documents were not filed in conjunction with your Final Decree. If not, then your ex husband would still be on all of the documents in the real property records. In addition, if the home was not refinanced after divorce, then your ex husband would still be financially responsible on the underlying note (mortgage). I handle both family law and real estate law. I see these types of issues often as family law attorneys rarely consult a real estate attorney before closing out a divorce.
Answered on Nov 03rd, 2020 at 11:47 AM