Jay 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.
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“Dear Steve,
I just found out that my wife has four payday loans in default about $200 each that I was never aware of and she won’t do anything about (she doesn’t seem to see the long term consequiences). I tried to call the lenders but they won’t to talk to me. They want to talk to her. I know the next step will to be garnishment of her wages. I’m also worried about the outrageous interest fees that will pile up as these loans are not addressed. My house is paid for.
Should I consider selling my house before I have no equiety left if they put a lien on it and pay off the loans? My house value is about $65,000.
I’m scared. Thank you for your help.
Jay”
The Answer:
Dear Jay,
Payday loans can be a terrible debt, and a bothersome nuisance.
I’m afraid that I really see this as a two step problem. First is the debt itself. Second, is the attitude of your wife about the debt.
Unless you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) I would suggest that you transfer the house into your name alone to prevent it from having a lien placed against it.
I’m not sure I’ve ever suggested such an action in the past but since your wife isn’t taking her responsibility for the debt seriously I’m afraid that bailing her out will just reinforce her poor money behavior and leave your home at risk again.
What you might want to do is consider a small loan through LendingClub.com to pay off the payday loans and use that as an inducement for her to sign over the house into your name only. See a real estate lawyer for help with the property transfer.
P.S. Be sure to read ‘The Secret of Surviving Through Difficult Economic Times. What I Learned On My Journey‘.