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  1. #1
    Registered User New Member

    Ex destroying my credit

    I have been divorced for 3 years. In the divorce my ex-wife got the house, but the mortgage was only in my name because we could not qualify for a joint mortgage. Despite my warnings to the contrary, my attorney worked out a deal that said she would agree to make payments in a timely manner and if she were ever two months late she would have to sell. She would also agree to try to get the mortgage refinanced in to her name every year. Well, in the last 3 years she has never tried to refinance the house and has only made 3 payments on time, and those were only because the judge ordered her to get current on the mortgage. Once she got current, she would simply go back to paying the mortgage 30 days late again. When I tried to get her to pay the mortgage on time, she simply stated that she was not late and that she was simply returning my credit to the crappy state it was in when she and I met.

    This eventually bit her in the butt when one of her payments bounced. As a result she became 4 months late on the mortgage. I took her to court in March of 2012, and the judge ordered the house sold. Since then she has done her best not to sell the house and has quit trying to make the payments only 30 days late. Now she simply makes a payment every time she gets an impending foreclosure letter. To add to the frustration she has threatned to move far away with the kids, essentially taking them away from me. I legally cannot stop her from moving anywhere within the state, but Minnesota is a big state. And while she is not the best mother, she is at least good enough that I think a change in custody would be a hard and costly fight that I can't afford.

    According to KreditKarma, my credit score is around 590. I can't even get a loan for a stick of chewing gum. Is there a way I can get the late house payments off my credit report? I also know that the ~$97,000 outstanding mortgage balance is hurting my credit report. I've read that there is a way to file notes with the CRAs. Would it help me if I filed a copy of the divorce decree with the CRA's showing that she was legally responsible for the payments during the last three years? If so, how do I go about that? Is there something else I can do to help my credit report?

    I only have one credit card with a $100 limit on it, and about $15,000 in student loan debt. I do have a 3 years left on a $5000 loan from my 401k (so I could get an attorney), but that doesn't show on my credit report. I do not have any other loans. I have a job that pays around $50,000 a year, but after taxes, child support, and insurance my take home pay is around $25,000.

    Any advice (which of course is non-binding) would be appreciated. I need to see my kids, but I would like a better credit report. Any ideas on how I can I have my cake and eat it too?

  2. Ex destroying my credit
  3. #2
    Registered User Junior Member

    Cleaning up credit report

    My suggestion concerning the house would be consult your attorney and if the house is in your name, and she's in violation of multiple court orders to stay current or sell, I would think your attorney would be able to do something to allow you to enter into contract with a realtor and get the house listed and sold. It would be more work on your part, but it would get done. It might force her to move away like you had said she's threatening, but that's a judgement you'll have to make.

    As far as fixing your credit: What I know you can do for sure if go online to get your free annual credit report and check your credit with each company and challenge/dispute negative/deliquent/derogatory accounts with them. Basically, you just go to TransUnion and get to your report, find anything negative, and challenge or dispute it, select a reason, state your explaination and submit. There may be a place to submit supporting documentation like your written court order stating she's liable for the mortgage. What happens after you dispute an account, is that the credit reporting agency must contact whomever reported that account status and get verification that it is real and accurate, or remove it, within 30 days. I've done this myself and my wife as well. I had a collection account that I paid off from medical bills, and a couple years later, I went online to all 3 agencies and said "This is not my debt, I've never paid on it or been told I owe". 2 agencies removed it within 2 days, 1 did it within 3 hours (and I did this at like 7pm CST). Sometimes they'll verify it, but sometimes it's not worth it for them. I've read the best time to do this is in December because they agencies are at their busiest and most likely to not bother asking for verification and just removing items at your request basically.

    Other than that, making your payments timely and reducing debt will help your score. The whole thing with your name on the mortgage but a court order/divorce agreement stating she pays it while you having basically no knowledge or verification of it sounds either fishy and/or stupid, because she can trash your credit and make you liable for the debt, interest and fees. You could consider asking the mortgage holder to set up a "Reserve" account where you can make payments into it and they'll use that money to keep the mortgage current if she falls behind, and then you keep taking her to court for back payments. But ultimately I think that getting the house sold and "following her" so to speak if she moves so you keep in contact with your kids would be cheaper than what you're going through now. I'd probably also consult a new attorney on this matter because it doesn't sound right, but I've also never been divorced. Also just re-read where you're paying child support as well. I know that you can't legally withold payment due to her not paying as agreed, but I'd think your attorney would use that as ammo to get this house thing settled. Talk to a new lawyer for sure.

    Review your student loans for consolidation or refinance and possibly income-based repayment (IBR) if you need help with money. Review your insurances to see if somewhere else has better rates. I've always been happy with All-State but I'm basically totally jumping ship because of rates (2 cars, 2 life, 1 mobile home). My agent is great, but he says he can't get the rates lower, and I need those extra thousands a year.

    Also, stay away from any "credit repair" agencies, they can't do anything you can already do yourself. If you go to the 3 reporting sites, you might find how to submit that letter of explaination and the divorce agreement. Sorry my post might be a bit scatter-brained. Best of luck to you.

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