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BM1 and house loan....

jlot's picture

I used to be married. I owened a house with my ExH...we divorced and it took him about 3 years to get the house shit together (getting my name off the loan, etc)...it was a long, long process. During part of that time, I was with my now DH. He assisted me in getting my lazy exH moving with the house crap. Finally, a year or so ago, it was taken care of..
Fast Forward...
My DH and I are buying a home for ourselves - the one we live in now is in his name and is very small. About 2 months ago, we get preapproved and everything is great, until it wasn't. I get a call from the lender that there is a loan on our credit report for a house. I immediately, get pissed and think: CRAP! It's from me and my exH...

Nope, it's from DH and his redonkulous exwife (BM1). I call DH and he explains that he thought it was taken care of and he will contact her. Fine. I trust he will do the right thing. Well, here is the deal: She owns a manufactured house (this house is the one on the loan) and uses this shed as a place to run her business out of...She claims that because it is a manufactured home not on permanent land (IDK about this manufactured house crap, but BM1's in on her uncle's land and not permanent) she cannot find someone to refinance her home loan. So she says she is stuck.

BM1 actually lives with her weird boyfriend in his new house - FYI, he didn't put her on that loan, the boyfriend - and that's where she stays with my SD. Good for them.

Here is the problem: My DH seems okay with being on this f'ing loan. He had BM1 send over legal documents stating he is not responsible for the loan, because it was in their divorce decree and it is her property. I am not okay with this, it's on his CREDIT REPORT. I don't give a crap if she can't get a house loan, get a personal loan - she owes less than $20,000 on it...so go get your lazy ass out there and get the loan lady. Grow up.

DH and I got into an argument about it because DH started defending her. "BM1 has good credit, pays more than the min due and is only helping my credit score. It isn't affecting our abilitiy to get a house loan of our own. The legal documents prove I am not responsible (remember the loan is on his credit report) and I don't think it's fair to have her get a riduculous high interest personal loan.."

YOU DON'T THINK IT'S FAIR FOR HER TO GET HER SHIT TOGETHER?! I don't think it's fair to have anything to do with this clown lady...I don't want to be tied in ANY f'ing way (beyond their child) to this crazy bitch. If his SD lived in the hosue on the loan, then yeah, let's make sure she has a place to live, but come on, BM1 is using it for her BUSINESS...he get's irate if I even bring it up (I will ask, did you show her their are personal loans out there she can go get for the tin house she is using as a business????)

Am I being mean here, I am pissed....I am almost tempted to send her information on personal loans...because she would if it was me, she is ALWAYS in my business. UGH!

Comments

PutAForkInMe's picture

I don't want to cause more problems for you but I have to tell you that even though the divorce states that the loan is the ex wife's, the bank could legally come after DH in the event the loan defaulted. The original loan was an agreement between your DH, the EXW and the bank. The divorce was between DH and ExW, not the bank. The bank could careless during default who's supposed to pay because DH signed a promissory note that he would take care of it until paid in full. That's a legal document. I know that's a big What If, and your mortgage company may be willing to overlook it, but I would demand the EXW put the loan in her name. Yes it may be her responsibility after the divorce, but legally-its still his in the event of default. Google it.

Rags's picture

I had a similar issue with my XW. When we divorced we leased out home on a lease purchase. The woman we rented to wanted to buy the house at the end of the lease but not pay us any more money only assume our loan.

My XW decided she wanted the house so she evicted the lease/buyer at the end of the lease and took over the house. She wanted to not pay me anything which I agreed to if she re-fi'd to get me off of the mortgage. Four years later I got a Fed-Ex package with a quit claim deed and a $10 cashiers check.

I sent it back and the battle was on. Eventually, I got half when we sold the house.

DH needs to nail her ass to the wall of this or call and have a mobile home dealer come take the house for whatever equity is left.

IMHO of course.

Best regards,

jlot's picture

Thanks all for your responses.....
I am afraid of a default situation and then....who knows!