Legal Question in Real Estate Law in Washington


On June 20, 2003 I separated from my husband and moved into an apartment. In October, 2003 my husband stopped making the mortgage payments on the house we shared because ''it was the family home and we had no more family'' (to spite me). He is allowing it to go to foreclosure. The divorce is not yet final. I am told that it will be final next week. The foreclosure is dated for June 18, 2004 He has been awarded the house in the financial settlement. In shopping around for a lender so that I can buy my own house, I was turned down because of my poor credit history due tononpayment of the mortgage that my husband is responsible for and the impending foreclosure. I spoke to the bank about this and their reply was that I had shared responsibility for that mortgage because my name is on the loan. It doesn't matter to them that I haven't lived in it for almost a year and that my husband was awarded the house. What steps to I take now to get around this. Prior to this, my credit was excellent. Thank you for your time in replying to my question.

Asked on 5/13/04, 7:11 pm

1 Answer from Attorneys

Robert Horvat Barg Horvat PC

Re: credit

You need to find a lender willing to take your specific circumstances into consideration. If you truely had excellent credit prior to this, that should not be too dificult. Also, you should know that if the lender is non-judicially foreclosing the deed of trust on your house, you have the right to reinstate the deed of trust up until a very short time before the sale by simply paying the amount in arrears (and some other incidental costs), rather than refinancing and paying the loan off in full. I suggest that you contact an attorney for immediate assistance since the sale is scheduled for next month.

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Answered on 5/15/04, 1:46 pm

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