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FICO Credit Score Trumps Divorce Judge in Raleigh

Reblogger Randy Elgin
Real Estate Agent with Option One Real Estate

Protecting your credit and finances should be a life long goal and priority. Even if you are starting out at 16 years old, knowing how to balance a check book and watching what goes into it and out of it is a major task.

Original content by Kathy Godin NMLS# 67219

I have it in writing.  The judge decided my ex was responsible for those debts.  The bum didn’t pay and FICO lowers MY credit score.  Why?  I just don’t get it.

Katherine was totally blindsided when her FICO credit score took an unexpected beating.  Her ex didn’t make payments the divorce court decreed he had to make.  The initial shock gave way to rage and then a feeling of complete helplessness.

-- Blindsided because she believed the judge presiding over her divorce had the legal power to decide who got what and who paid what.

-- Rage because Thurman did it again.  She thought he was out of her life for good, but here he was messing with her life once again.

-- Complete helplessness overcame her when she found out she couldn’t do anything about it.  Thurman had won again – he found a way to overrule the judge.

Katherine recommends her divorce attorney – she recommends he be hung by his privates in the public square.  How could he let Thurman’s lawyer talk her into allowing her ex take over the mortgage payment and credit card debt.  It sounded too good to be true.  And it was.

-- Foreclosure was right around the corner.  Not only did her FICO score plummet, Katherine and her two children would become homeless.  This meant moving in with mom.  How embarrassing.  Mom would remind her at least daily that she had warned her not to marry Thurman.  Unbearable.

-- Credit card companies were hounding her for payment.  They threatened to take HER to court.  FICO scores just keep dropping.

Why was this happening?  A legal contract was created when Katherine and Thurman financed their home and acquired joint credit cards.  A divorce judge cannot cancel these legal contracts.  What can be done?

-- Katherine can’t change the past.  She’s stuck with cleaning up Thurman’s mess.  Should she file for bankruptcy?  She dreaded talking to another lawyer.

-- Keep debt separate from the start.  A preventative step chosen by some newlyweds.  This is not absolute – some co-mingling will occur.  Mortgages are one instance.

-- Pay off or refinance debt during divorce.  Responsibility for new debt needs to match divorce decree.  When divorce judge says Thurman must pay credit card debt, Thurman needs to pay off debt or get loan in his name to pay off credit card debt.

Finding your one true love, staying together for life and both living with financial responsibility works well.  Sometimes life has other plans.  Take care of yourself.

Kathy Godin, Award-Winning Loan Officer and Branch Manager
CrossCountry Mortgage Inc.
(919) 789-9888
Where people, not computer robots, answer the phone.
Proudly Serving All of North Carolina

Shanna Day Team Leader (UT & AZ)
Keller Williams SLC (UT) and Keller Williams Realty EV (AZ) - Park City, UT
Keller Williams Realty

Hiring the wrong divorce attorney can be like hiring the wrong realtor.   You need to have one that knows the consequences of good vs poor decisions.   It's a tough job.   

Jul 23, 2012 11:53 PM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Forget the attorneys, and the judge.  The only one who matters here is the lender.  What this woman needs is a release of liability from the loan from the original lender, and that is not going to happen unless the original loan is paid off, and the ex gets a new loan with only his name on it.  Prolly not gonna happen.

The judge has no authority to force the original lender to release the wife from responsibility.  She agreed to the original terms, and they will stay in place.

Jul 24, 2012 01:12 AM