Has this happened to anyone but me?

[kim4short]

My ex-husband and I separated 3 years ago. We had a 300k house that I left him in. It was to be rented in order for the mortgage to be paid once I moved out. However, my ex did not make one payment after I moved out. Instead, he walked out of the house with the intention of foreclosure and filed bankruptcy. Now why would you file bankruptcy and allow your house to go in foreclosure? I had no knowledge of the foreclosure or the bankruptcy until I discovered that he had moved out of the house and I started getting calls about his car payment being behind. I was told that since he filed Chapter 7, that all of our joint debts were now my responsibility. As a result, my credit is ruined. My credit file looks as if I filed bankruptcy in addition to a foreclosure!!! How can someone file bankruptcy without the other parties knowledge if it's going to have negative implications? What type of recourse do I have. I live in NC and have not been able to find an attorney that can help me. I feel as though I am the only perosn that this has happened to; but I know there has to be someone else out there.

[SMinGA]

He should have listed you in his petition as co-debtor, so you would be notified. But it would not have changed the eventual course of action. His financial responsibility on those items has been discharged - leaving you solely responsible. You may have some recourse to go after him in civil court, for any obligations assigned to him in the divorce proceedings that he did not follow thru on.

But for the house, car, etc. - ultimately you may have no choice but to file bankruptcy in order to protect yourself. Or those creditors may (if they have not already) pursue you with lawsuits to try and garnish wages.

[DebtHater]

You are by far not the first or the last that this has or will happen to. Unfortunately there isn't much you can do, if he BK'd and you are still on the mortgage, you are responsible.

The recourse you have depends on what is written in your divorce decree or separation agreement. You could go after him in civil court for breaking any of the aforementioned agreements but the bottom line is you are still responsible for any joint loans (mortgage).

Hind sight being 20-20, you should have removed yourself from any joint ventures 3 years ago and force him to refinance the house. While this doesn't help you now maybe it will help someone going through a similar situation.

[kim4short]

Yea, hindsight is 20-20. The thing is, he did this for no other reason than to hurt me because he still can't make ends meet and is living in a 2 bedroom apartment with a broken down car(literally). I on the other hand somehow managed to buy a new car before all of the crap hit my credit report and am renting a house with a lease option. My landlord has offered me owner financing if all else fails. If I had been the one to file bankruptcy, I would at the least still be living in my house!!! I am slowly trying to rebuild my credit-the new car loan has helped and a store credit card. One credit bureau removed the car loan from my credit file, but the other 2 have not. The foreclosure just showed up after a year and on one credit report ist states that the car loan was paid as a result of Chapter 7-that's where it looks like I filed!

[stormy]

I'm in the same situation but it is me who is filing Chapter 7 bankruptcy; my Ex is still living in our house. First he tried to get it refinanced in his name only; when that didn't work, he said he would sell it. Found out we're upside down on it so now he's just living in it without even trying to talk to the lender about a short-sale. There's also a pick up truck, an RV and several credit cards that were held by both of us.

I called him right after I spoke with and retained my attorney; he wasn't happy about the situation but I told him I didn't care; I was looking out for number one....myself. More then likely he'll be forced into bankruptcy as well once the mortgage and all the other debt is dumped into his lap.

He's made a few late payments on the house already as the mortgage company has called me asking where their payment was. Right now, I can't even go look at a place of my own because all this crap is showing up on my credit report; hard to rent a place when you're still responsible for a $1200/month mortgage on my salary not to mention another vehicle and an RV.

[kim4short]

I kept in contact with the mortgage company during the foreclosure process and tried to do a quick sale. The bank refused an offer yet the house was sold at auction for 100k less than the value and 70k less than what was offered at the quick sale!!!!! Therefore, they are not pursuing anything from me. I talked to the bank that financed the car until I was on a first name basis with most of the people there and they have decied the same. I just hope one day that this situation does not come back to bite me! Isn't this cruel???

[DebtHater]

Yea, hindsight is 20-20. The thing is, he did this for no other reason than to hurt me .....


....... ist states that the car loan was paid as a result of Chapter 7-that's where it looks like I filed!

Regardless of his reasoning, what he is not illegal. Most divorces end up in head games and hurt.

You should be able to call or write the credit reporting agency about the car loan since it may be recorded incorrectly on your credit report. Just keep in mind, by fighting what is reported may wake up the lender to going after you for the money (if they aren't already).