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Author Topic: Indemnity Clause related to mortgage payment  (Read 1622 times)
divorced mom
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« on: August 17, 2009, 08:13:26 PM »

Ex was to pay mortgage, but got behind on payments and foreclosure proceedings were begun.  House was eventually sold and not foreclosed on.  But my credit has taken a hit.  Is resulting poor credit something that falls under the indemnity and hold harmless clause?  If so, what are prosecutable damages?  I'm in Alabama.
Thanks!
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TC
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« Reply #1 on: August 17, 2009, 09:10:18 PM »

I'm not an attorney, but I doubt it.  I'm assuming your name was on the mortgage...that being the case, the mortgage company really doesn't care what the courts say with regard to divorce.  All they care about is that they are paid...and if they weren't...they hold it against both parties. 

Someone from Bama might have diff info for your state, but I doubt it.

TC
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God grant me the serenity to accept the things I cannot change,
Courage to change the things I can,
and the wisdom to know the difference.
livealittle
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« Reply #2 on: August 18, 2009, 04:42:19 PM »

the mortgage company holds both parties completely responsible for the payments. it doesn't matter what you divorce agreement says to the mortgage company.

if your names are joint borrowers on the mortgage, you don't really have any recourse with the mortgage company. you can try to bring contempt of court charges against your x if he/she was ordered to pay the mortgage in full while the divorce was pending, but it won't change your credit payment history.

you can write a 100 word or less explanation to be included with your credit report by contacting the 3 credit reporting agencies. Otherwise, the mortgage company is reporting the late payments correctly.
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