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I’m Divorced and Confused By a Demand That I Pay on an Old Mortgage. – Stephanie

Stephanie

“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”

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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.

  1. You had a joint mortgage with your ex-husband.
  2. You believed that the second mortgage was paid off with some sort of payment from your husband.
  3. 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.

Big Hug!

Im Divorced and Confused By a Demand That I Pay on an Old Mortgage.   Stephanie
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • DJB

    Finalizing my divorce settlement in CA. I have an investment property (community property) in my name that is down circa $40k. I want to sell the property (not sure if this is possible in this market), and  want to split the $40k shortfall 50/50 with my stbx? Is my stbx obligated to pay her fair share of the deficit to settle sell the property? I currently manage the property and have claimed the property rental shortfall on my taxes (<$1,200 per year).

    Appreciate any quidance you can offer me regarding this issue.

    DB

  • DJB

    Finalizing my divorce settlement in CA. I have an investment property (community property) in my name that is down circa $40k. I want to sell the property (not sure if this is possible in this market), and  want to split the $40k shortfall 50/50 with my stbx? Is my stbx obligated to pay her fair share of the deficit to settle sell the property? I currently manage the property and have claimed the property rental shortfall on my taxes (<$1,200 per year).

    Appreciate any quidance you can offer me regarding this issue.

    DB

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