Legal Question in Credit and Debt Law in Illinois

I have not lived in my house in over 2 years. And as of may divorce has been final. The decry states that she is awarded the property. And is responsible for all payments and fees associated with house. She had fallen behind 3 months on mortgage. Due to a layoff at her work. Since then mortgage has been modified as of October. But it is affecting my credit and dragging my score down. She has up to 3 years to refinance. Is there any way to have this removed from my credit. So that I am able to move on and buy a place to live.


Asked on 10/05/11, 6:37 am

1 Answer from Attorneys

If the divorce decree didn't get you released from the mortgage then the fact that she fell into arrears and simply can't pay even if you took her to court, means you remain liable on the mortgage but have rights of reimbursement. Credit reporting agencies don't get inside divorce decrees; they just show "what is" on a debt situation, and you appear to remain equally liable. And in that situation someone thinking about lending money to you will want to know if you have this kind of continuing liability. With the marketplace as it is, changing the divorce decree (for example) to force her to refinance now wouldn't work; about the only thing would be if both parties agreed to either sell the place, or allow you perhaps to lend money that you get back, or some other relief. No. This is a terrible economy and the "traditional" kinds of ways divorce decrees are drawn up are not helpful in these kinds of situations. I do recommend highly you see a real estate attorney about some options and then have either the divorce attorney who represented you then, or a new one, work with the real estate attorney on a potential solution. On the flip side, you can contact the credit reporting services and attempt to explain what's going on, but it will not prevent the "fact" of the default from being shown.

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Answered on 10/05/11, 10:06 am


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