Legal Question in Credit and Debt Law in Georgia

Foreclosure

I was divorced in 2005 and my ex was awarded the house. I found out in 2007 she had not assumed it and was late on payments. I talked with Wells Fargo, they told me what she needed to do. I told her how she could get it up to date and assume the note. Now I found out while tring to buy a home in Georgia I was foreclosed on. I never received any paper stated the foreclosure, if I had I could have fixed it and sold the house. So since I didn't recieve anything from Wells Fargo can I get it removed from my credit report? I currently live in Georgia and the house was in Texas.


Asked on 6/05/09, 10:02 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Foreclosure

If you were still liable on the note, which appears to be the case, you remained responsible for all payments and the consequences them not being made. A divorce decree does not change that. If the lender sent proper notice based on the contact information it had, and that was a different address then yours, it is not their fault you did not get it. It was your responsibility to keep up with this.

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Answered on 6/05/09, 10:11 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Foreclosure

These are all questions you should have addressed with your divorce lawyer. It doesn't sound like there is anything you can do now,except that you can insert a short statement in your report saying you were not the one who was supposed to pay it under a divorce. (That statement does not change your credit score).

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Answered on 6/05/09, 4:01 pm


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