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 Reporting request
Posted Wed August 8, 2007 8:11 pm, by Larae D. written to Washington Mutual
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Dear Sir or Madam,
I am writing you today via Planet Feedback as I am at my wit's end regarding a particularly sticky situation.
I have sent your company several letters requesting your help, and appeal to you today for a moment of your time.
My ex-husband, xxxxxxxxxxxxxxxx and I had a home financed with your company several years agao. Sadly, that marriage ended in divorce. For reasons unclear to both me and my attorney, the judge presiding over the divorce awarded the home to xxxx, even though I had the children in my custody. Even more puzzling is the fact that my attorney's requests to require xxxxxxx to refinance the house in order to protect my good name and credit score were also denied. To say it plainly, he and his attorney knew his credit score was insufficient to refinance the home and successfully argued the point.
My worst fears came to light the morning a process server walked into my workplace and served me with a foreclosure lawsuit. I was absolutely devastated, as I had just settled and paid for a car xxxxxx had repossesed and knew that I could not come up with the funds necessary to keep this loan out of forclosure. By God's good grace, xxxxxx was able to "borrow" the money from his dad and stop the foreclosure. Unfortunately, the loan again went delinquent on a semi-regular basis for the remainder of his ownership. He finally sold the home in March of 2006.
I tried everything I could think of - begging, threatening and cajoling, to get xxxxxx to stay on top of this debt. The ramifications on my credit have been crippling. I have worked two (and often three) jobs to ensure that all my debts are repaid in the timeliest manner. xxxxxx's disregard for his personal financial obligations have been extremely detrimental to my credit score.
I am asking you today for any assistance you may offer to adjust the reporting status of this loan on my credit reports - even to the point of deleting them. I realize that I am asking a lot and that your company takes accurate reporting seriously. But I am an honest hardworking person who is just trying to straighten out a mess made by someone else -and above all - wanting a credit report that reflects my true character. Please consider my request with an open heart. Thank you so much for your time and any assistance you can offer.
Very sincerely yours,
xxxxxxx
formerly xxxxxxxxx
SSN# xxxxxxxx
 Reply
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by Jeffrey Posted Thu August 9, 2007 @ 9:21 AM
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Your situation sounds very unfortunate. It seems that you had a bad
lawyer, perhaps?
What I don't understand is why, given that a judge so-ordered these
things, WaMu should act in any way contrary to that. Legally, the
mortgage remained in your name. That makes you responsible for it.
It may be royally unfair that your ex got to keep the house and that
you're responsible for a mortgage on a house you don't reside in.
It's rotten, stinks, and all of that.
It would be great if there was an automatic law that says that when
people get divorced, the person keeping the house is automatically
100% responsible for the mortgage. There shouldn't be any need to
involve the courts or lawyers. Just that upon the date of the divorce
being final, the house is automatically re-deeded and the mortgage
automatically updated.
But that's not the way it is. When you signed the mortgage in the
first place, you signed on long-term. While none of us expects to get
divorced, it's a good lesson: if you're not willing to continue to pay
the mortgage should you lose the house, then don't agree to be a party
to the mortgage. I know... that sounds crazy. Which is why most of
us make this mistake.
Which leads me to the real problem here: this happen a lot. That's
unfortunate, but it does. Often enough that banks cannot determine
who has "true character" and who does not. They cannot have an "open
heart" for everyone that gets divorced and has a rotten lawyer.
Because it happens often enough. All they can do, fair or not, is
enforce the document YOU signed that said that YOU would be
responsible for the loan.
I'll say it again: it seems terribly unfair that your ex could be so
irresponsible and that you'd be left punished. And it's wonderful
that you seem to be a VERY responsible person. Unfortunately, when we
get a legal decision... we have to abide by it.
Question: in the divorce, did you get paid out for any of the house?
Or did he end up owning the whole blessed thing, without anything paid
to you? If you still owned part of the house (even if you weren't
allowed to occupy it), you could have filed for a partition lawsuit to
force him to sell it or to come up with the cash to buy you out.
That'd still leave you on the mortgage, but it might have given you a
little leverage with him. And, from the sounds of it, I can't believe
he'd be able to come up with cash to buy out... which means that house
would have to be sold.
On the other hand, if you totally lost all interest in the house, then
any leverage you'd have over him was gone. Which, I suspect, is what
happened. Right?
Reply
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Hmm
by Miss Tex Thu August 9, 2007 @ 11:33 PM
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