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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30347
Experience:  Attorney with experience in family law.
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I am divorced (2011). My husband initiated the divorce when

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I am divorced (2011). My husband initiated the divorce when our house was under water. On my Divorce papers it stated I sign off title and he does his best to refinance. I signed off Title. He never tried to refinance and now 2 years later, he has walked away from the home. Is there a way to get my name off the loan or has he put me through Hell again? I am trying to buy a house, but my credit is in the toilet over this. What can I do?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If the judge ordered him to make reasonable efforts to refinance and he didn't, you can ask that he be held in contempt of court for violating the court's order. That requires filing an Order to Show Cause. You can ask that he be assessed penalties for contempt, which could include paying you fines. There unfortunately aren't a lot of other options. You could pay to bring the loan current, which would prevent further damage to your credit, but only as long as you keep paying or until he gets a new loan. If he's also thrown away his own credit rating, he may not be able to get a new loan, even if he tried now. You'd then have to try to get the money for the payments from him, which could be difficult, depending on his financial situation. If he has the money and just isn't paying, the judge can order him to make the payments and make reasonable efforts sell the property to protect your credit.

You could have tried to negotiate with the lender before the loan went into default to remove your name, but they're unfortunately not likely to do so now.

The divorce unfortunately does not legally relieve you of the promise to pay the bank, so the credit bureaus will not remove the loan from your credit report. The dispute here is between you and your ex-husband. The California courts have contempt forms and instructions available online.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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