Legal Question in Family Law in Maryland

My brother is divorced. In the divorce settlement his wife received the home. However, the information about the mortgage loan still appears on his credit report. In fact, everytime she's late with a payment, his credit is affected. What legal actions does he need to take to get change this? And what should he do about his credit report being affected? They live in Philadelphia, PA


Asked on 1/19/11, 11:24 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

I can't answer questions about your brother since he is in PA and I am not a licensed attorney there. However, I will tell you there's a few things that can be done. First, your brother should contact the mortgage company that his name be taken off the Security Deed and the Note relating to loan. This can be done by filing a cancellation in the county land records (for the security deed) and by having the lender mark the original note as "paid" or "satisfied". Second, your brother should file an appeal with the 3 major credit bureaus, stating his case of why he credit should be corrected. Third, your brother may have to (i) petition the divorce court for a contempt order against the wife, (ii) sue the lender if the lender will not play ball with the Court order and release your brother from the documents that secure the loan, and/or (iii) sue the credit bureaus to obtain an order forcing them to correct your credit score.

At the end of the day, your brother cannot do this on his own. He needs to consult a PA attorney who has experience with creditor's rights issues. He should also consult with his divorce lawyer, if he had one.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 1/24/11, 1:31 pm


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