This is my first post on this forum. Any info is appreciated. Here's my situation:
I was divorced 5 years ago. At the time we owned a home in MIchigan that had a huge mortgage and equity loan, putting the property well under water. Therefore during mediation we agreed that since we could barely afford the home on two incomes it was best to let the home go to foreclosure. Additionally as we reviewed our financial situation with the mediators, it was determined we both needed to file bankruptcy if we had any chance at surviving financially post divorce. It was also determined after the divorce I would file Chapter 7. Once my chapter 7 was done she would file Chapter 7.
So when my exes attorney put in the divorce decree "The Defendant shall be obligated to pay the mortgage and home equity loan." it didn't realy matter. The house was getting foreclosed and we were filing bankruptcy anyway.
Fast forward a year and my bankruptcy was final. The house was still in the process of foreclosure. Citibank contacted my ex and made her a mortgage modification agreement she couldn't refuse. I had already forfeited the home in the bankruptcy and was released from the debt. When the ex asked me to sign mortgage modification documents I said no way. Citibank agreed to modify the mortgage without my permissoin if I signed a quit claim. So I did. I assumed I was done with the home.
Fast forward another 4 years and I'm trying to get a mortgage. My bankruptcy discharge is over 4 years old. I have no debt. I've use revolving credit responsibly since my bankruptcy and have a credit score around 700. I applied for a mortgage and got denied. The reason: my divorce decree states I am responsible for the mortgage and equity loan on my exes home. Even though I've quit claimned the house to her, and discharged the debt through bankruptcy, the mortgage company is saying I'm still responsible for the debt on my ex wife's home. I was asked to get the divorce decreee modified to say she is solely responsible for paying the mortgage and equity loan. I doubt she will have a problem with this, since the equity loan will be dischared when her bankruptcy is discharged (she had to go chapter 13 to get the equity loan discharged). Once that's out of the picture, she will have about $100,000 equity in the home. I'm guessing she doesn't want me to have any part of that.
Everywhere I look I see ways to modify the divorce decree for child support, visitation, etc. But nowhere can I find information about modifying the marital home provisions. How do I do this?