Q: “He was awarded in the final judgement the house and he chose to allow the house to go into foreclosure. He has been living there free for 8 months now and god knows when the foreclosure process will go into full swing.
He has ample funds to pay the mortgage and 2nd but decided not to. He is planning on declaring Bankruptcy.
Well, my credit is ruined and I am no longer able to get a home loan for a while now.
Has anyone sued and won for such cases?”
Most answers were somewhere around:
- “No. You signed a promissory note with a third party. You have not mentioned allocation of the underlying debt in your family law judgment, and what steps you took to enforce it.”
- “Probably not. The mortgage company is not going to care about your divorce decree, and you probably signed the note. Was the debt not dealt with in your dissolution settlement? Did you receive an offset if he was awarded the house? It sounds like there were details missed. I hope you did not try to dissolve the marriage without representation.”
But there was one who provided the following answer:
“Dear Ex-Wife:
The answer to your question is “Yes”. You may sue your ex-husband for acts and omissions during the marriage and PERHAPS even after the marriage (or date of legal separation) which led to credit damage of your personal name. This type of case has been sued upon over and over again. The problem that many people have is that they assume that whatever terms and conditions are enumerated in your divorce stipulation or marital settlement agreement are now “etched in stone”. In fact, they are not. Actually, when you signed your marital settlement agreement or stipulation (or if the judgment came down after a court trial – it doesn’t really matter) that agreement, stipulation or judgment by trial is ONLY BINDING between you and your ex-spouse. That third party creditor is in no way, shape or form bound or constricted by the agreement or judgment that is between the two spouses.
Now, is your right to sue your ex-husband an absolute one?? No, it is not. However, if the facts and developments in your particular case are there, then you will want to speak with a credit damage expert. If I were you, I would make sure to give this credit damage expert a call to see if you have any rights to sue that ex-spouse for damaging your credit name/score.
I would strictly advise you of the following: 1) the credit damage expert is NOT AN ATTORNEY. 2) He is an expert witness on credit damage; 3) IF YOU HAPPEN TO HAVE A CASE, he will also be able to mathematically quantify the extent of your personal credit damage and 4) my referring you to him does not necessarily mean you have a case; and 5) He will not give you legal advice because, again, he’s not an attorney. It just means that he will be able to give an assessment as to whether it is really worth going after you ex-husband for ruining your credit name.
I really hope that this helps you and I always make sure to advise all my clients to get a second (or even third) opinion before throwing in the towel or just deciding one way over the other without complete information.”
Source and credit:
http://www.avvo.com/legal-answers/can-i-sue-my-ex-spouse-for-credit-rating-damage–2005778.html
It doesn’t have to happen. You shouldn’t depend on your ex spouse’s good will and financials, and you should never wait to do these kinds of things after your divorce is finalized. Make sure all the issues concerning the marital home are completed in advance as you possibly can since the divorce (or you’re ex spouse’s financials) may go sideways during or after the divorce. If and when that happens, it’s very possible you’re not going to get any help from your adversarial ex-spouse. Get these issues addressed and finalized before things deteriorate. Real Estate Divorce Consulting are the experts when it comes to your marital house and all its legal and financial issues. We will provide you with an access to the exact professionals that will help you avoid house issues all together. We will educate you and make you aware of beforehand of these kinds of risks, and will show you what steps you should take to protect yourself before it’s too late.
#divorce, #divorcedecree, #creditscore, #credit, #mortgage, #divorcerealestate , #credithistory
