Legal Question in Real Estate Law in Maryland
getting foreclosure off credit report
i got married very young and we bought a home. things didn't work out and we divorced, in the settlement it is written that my ex husband was responsible for the mortgage etc. I did not follow up ( like an idiot) to see if he was making payments and such. Well I got a copy of my credit report and lo and behold is a foreclosure for the property on there. No one ever notified that the house was going into foreclosure. How can I buy a house with this on my credit report, can I get it taken off?
2 Answers from Attorneys
Re: getting foreclosure off credit report
First of all, you should write to all 3 credit reporting services and explain the circumstances. Attach a copy of the marital settlement agreement and any other documentation you have to verify that it wasn't your legal responsibility to pay the mortgage after the divorce, and therefore it shouldn't count as a black mark against your credit record.
When you apply for a mortgage, be prepared to show the same documents to the loan officer and tell him/her up front about your situation. If it's going to be a problem, no sense wasting your time and money applying for the loan. Good luck!
Re: getting foreclosure off credit report
You need to write to the Big Three credit reporting
agencies (they are: http://www.equifax.com/consumer/product/select/web/choice;
http://www.experian.com/consumer/credit.html; and
http://www.transunion.com/Consumer/) and ask them to
send you information on how to go about having the
information you have given here included on your
credit report.
Next, be ready to take that settlement agreement
with you whenever you try to obtain credit.
Finally, the sad fact is you need to be ready to run
into trouble. The fact is that you are probably (I
haven't read the agreement but it sounds standard
enough that I am making some assumptions here) legally
still obligated on that mortgage. You have a contract
against your husband if he fails to hold you
harmless as promised, and you can sue on that contract,
but he can wipe that out by declaring bankruptcy and
the lenders you approach will be aware of this. In fact, you should check into the details of the foreclosure.
If there was a deficiency balance due and your ex decides
to skip paying it or, worse, declares bankruptcy,
you could have a real problem since your name is
still on that mortgage.
Sorry to be the bearer of bad news but better to know
what you are up against than to fly blindly into the
breach...