Need advice ASAP - Weird mortgage situation

[lalap123]

Okay, I know I've posted about this topic several times, but this time I have something slightly different to ask.

My husband and I refinanced in Apr/May 2008. Prior to this we consulted with our mortgage lender, who told us that we would get a better rate just going with my husband on the mortgage b/c he had better credit than me. I remained on the title, but as far as we knew my husband was the only one on the mortgage. We have a weird situation now whereby for some reason my BK was reported to my husband's credit report, and the mortgage company says that it is their procedure to do this since I am a co-owner but that they will remove the BK notation from my husband's credit report after discharge/trustee abandons interest in property.

But onto my real question...

Well, I called them today to make a payment over the phone, and I happened to ask the rep a question about this being reported to my husband's credit. She started looking around in her files and said that actually my name IS on the mortgage and don't I remember signing something to that effect when we refinanced? Well, of course I remember signing some paperwork but I was under the impression that it was so that I would be remaining on the title and to actually get my name OFF the mortgage. I figured everything was done correctly b/c our statements began arriving addressed only to my husband and not both of us as before. Obviously I'm now trying to locate our paperwork to see what she's talking about.

In the meantime, I checked my credit report again today, and the current mortgage is NOT on there (only the old one up to May 2008 when I stopped having joint responsibility for the payment). If what they've said is true, they have screwed up reporting to my credit report for the past two years.

Is this something I need to talk to my attorney about since I've checked my credit and it is not on there right now? If the mortgage co. is correct, how does this affect my case? Would I have to amend my petition and would my husband's credit then reflect my BK from here on out?

I am so mad...one reason I felt okay about filing is b/c my husband and I held no joint debts...

[nerves]

If you don't mind sharing, who is the mortgage company?

[mtbc]

Your county court clerk or auditor or someone probably has recorded (perhaps easily found on their website) whose name they think is on the current mortage, and the associated documents. I was just nosily looking today at pages of detail about the mortgage the present owners of my foreclosed-on house have on it!

[newbie2]

You can be a signer on the mortgage (the document that puts the lien on the property) but not the note (the promise to pay) This is often done when one spouse is the sole signer for the note, especially in states that are common law states or dower rights states.

Find your documents or request copies from the mortgage company to be sure.

[dspii]

Being tax time, I am sure you have received the 1098 that the lender is required to send out...who's name is on it? Even if your on it, all should be OK, I would mention to the attorney that you are not sure if it is in your name as well. Don't sweat it, it sounds like your not, because we all now that the credit reporting agency's never screw up.

[lalap123]

Thanks for all of your replies.

I looked at our 1098 again, and my husband is the only one listed.

Newbie - if the situation you're describing is true, then does it change anything in my case? I've informed my attorney that I am "on the title but not the note" - is this still accurate? If I am on the mortgage but not the note as you say, will this change how my husband's credit is impacted or is still true that he should not be affected by my filing?

[newbie2]

Lalap, if you are not responsible for paying the note I would not think it could affect your husbands credit. That's just my take on things, perhaps others could chime in if they've had experience with this.