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is a final divorce decree a legal, binding contract?
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is a final divorce decree a legal, binding contract?

my ex son- in-law kept the marital home, agreed to make payments on it, plus a second mortgage. He is now 4 month's late on the second mortgage and foreclosure is coming. My daughter did everything she agreed to, and now her credit can be ruined. My daughter did not remarry, however her ex did. This is all listed in the divorce decree. Does my daughter have any recourse?







hello
Rating
Sadly, the answer is no. I have already been through this same situation, I left my ex the house, the deed was put in her name, but she did not have the credit to get the mortgage in her name. The judge gave her 2yrs to get the mortgage in her name, or she would have to sell the house. Our divorce papers clearly stated that my ex was responsible for the house payments and responsible for default of payments. She was late on almost every payment, she finally put the house up for sale, but it did not sale, and it was foreclosed. It killed my credit, I sent the mortgage company a copy of the divorce papers and they told me, they do not recognize divorce papers because a divorce decree is not a legal contract. I talked to a lawyer and he said all I could do is just sue my ex for damages, but my credit will still be trashed.


Wendy
Im going to assume that since her credit is being hindered, he was to not only take over the payments but needed to also put the Deed of Trust as well as the Grant Deed in his name alone? Seems to me he didn't do that if they are now coming after her. Your daughter needs to take him back to court (because yes the decree is a binding contact, they signed it right?) or get a lawyer to fight it for her. Good Luck


Arletta
Rating
The final divorce decree is a legal, binding contract. Since it sounds like he kept the house in the divorce then she should no longer be listed on the mortgage, and therefor, not responsible for anything that happens. On the other hand, his new wife might be.


Beth
Unless her name is still on the deed, her credit will not be affected by a foreclosure. @hello: You got some bad advice. A divorce decree IS a legal document as soon as it is filed by the clerk. That's the point...it absolves you from the other person's debt. If your credit got ruined, it's because your name was left on paperwork regarding the house. You shouldn't have allowed the decree to be finalized until your name was OFF of everything you were no longer responsible for.


Sue B
Rating
She'll have to get a lawyer







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