Stephanie wrote to me through the GetOutOfDebt.org site and asked the following question. If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.
Income from the GetOutOfDebt.org site advertising is used to help alleviate poverty. If you would like to help me to help others, there are easy and free things you can do, click here to learn how you can help.
“Dear Steve,
My husband and I divorced over 10 years ago, when I sold our house it wasn’t enough to pay off the second mortgage, and since they had messed up in the paperwork they signed off and the sale of the house and we assumed the loan.
I never signed a new contract or anything. My ex husband paid the payment in lieu of me going after him for more child support. In recent months he defaulted on the loan and now they are calling me constantly.
I have yet to take the phone call. Not sure what to do. He informed me that he was served papers to pay the $1800 that he owed, i’m not really sure what the balance is on it. This confuses me even more as to why they keep calling me?
Should I just ignore them or will I be sent to collections on it also? can they split the debt? why haven’t I been sent to collections yet?
Stephanie”
The Answer:
Dear Stephanie,
An interesting situation. I really hate those decade old issues that creep back up. What a drag for you.
From what you said, here is how I interpret the situation.
- You had a joint mortgage with your ex-husband.
- You believed that the second mortgage was paid off with some sort of payment from your husband.
- You are uncertain why you keep getting calls for this debt.
My best guess is that the original second mortgage was never fully satisfied and since it was a joint debt, you are still liable for that debt.
The best course of action at this point is to not admit to anything but to talk to the people that are trying to call you and get the facts about what exactly is going on here and what is the claim.
Until you do that, you are just going to keep worrying about what might be instead of what actually is. When we know what the facts are, we can deal with them.
