Post Divorce and Division of assets I now See A piece of property impacting my credit That was deeded to X husband
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Post Divorce and Division of assets I now See A piece of property impacting my credit That was deeded to X husband
Another words back in 2007 I became divorced did not
realize it unfortunately until now that the agreement I signed
at the time of the divorce states that a piece of property that
was deeded to my spouseex spouse should have been sold
or refinanced with in three years of that marital agreement.
As of now 2018 on my credit report I see this property that
we once owned togetheris seriously impacting my credit he
never refinanced or took my name off the mortgage how do
I proceed with this
Asked on May 17, 2018 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can't get it removed from your credit if you were responsible for payments under a mortage or HELOC: your divorce, and the settlement between you and your ex, has no effect on or power over the lender or over the loan agreement. The lender was not a party to your marriage, your divorce, or the settlement between you and your ex, and non-parties are not affected or bound by agreements or settlements you enter into.
Your recourse would be to sue your ex for breach of contract (the settlement is a contract). In this lawsuit, you could seek both monetary compensation for the loss or harm this caused you (e.g. damage to credit) and a court order compelling the refinancing or sale. You could seek the order on what is called an "emergent" (think "urgent" or "emergency") basis to get into court and a get a resolution more quickly. A family law attorney can help you bring this legal action.
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