Foreclosure in California>Question Details

Josh, Other/Just Looking in 93312

How would foreclosure effect my spouse's credit whose name is not on the mortgage?

Asked by Josh, 93312 Fri May 1, 2009

I BOUGHT THE HOME AFTER WE WERE MARRIED BUT SHE SIGNED A DOCUMENT THAT i WAS THE SOLE OWNER OF THE HOUSE.

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Hi Josh, if in fact your wife is not on the loan, which is the only true "credit account" related item when purchasing a home, then a foreclosure will not affect her credit. However, if your wife was on title to the home at any time, a subsequent foreclosure may show on the derogatory reporting section of her credit report, as foreclosures are a matter of public record that does get reported.

Regarding your statement that your wife signed a document that you were the sole owner, there are two ways that I have seen Title Co's remove a spouse from a purchase: Quitclaim and Interspousal Grant Deed. My understanding is that an interspousal transfer grant deed is the "stronger" of the two as a quitclaim can allow future claims against title based on the removed individual's actions after the fact (confirm all legal subject matter with your lawyer). An interspousal transfer grant deed is used to easily transfer real property between spouses so the property is not reassessed for tax purposes, and/or you need to transfer interests in the property, and/or convert “community property” into separate property (California is a Community Property state).

If you so desire, email me your address and I will pull a title history to see if your wife ever shows up as an owner.

Best, Steve
0 votes Thank Flag Link Sun May 3, 2009
That's a tough opne. The Fair Isacc Corporation, the wise guys who came up mwith FICO scores, are located in marin, CA. Give them a call and ask that specific question. It's difficult to know exactly because of how the calculate your score.
0 votes Thank Flag Link Fri May 1, 2009
Cindi Hagley…, Real Estate Pro in San Ramon, CA
MVP'08
Contact
Hi Josh,

Your credit will go down 80 points after you miss two payments on your mortgage. The third late payment no longer effects the score and the account will be listed on your credit report as 'foreclosure'. Since you are on the loan by yourself then it's your credit score, your credit hit. However, your spouse MIGHT be effected with a lowered credit score only if you have other "credit" together. For example if you have a joint credit card account then your new lowered score by 80 points will drag her score down say 20-25 points. This is a temporary drag on her credit score and she can recover this quickly using a credit score boost technique that I wrote a blog about. However, if you have no 'joint' credit then your foreclosure will not effect her credit score or rating what so ever!

If you would like to speak with me about how to efficiently work to remove the 'foreclosure' off your credit report and begin the repair and rebuild process please call me to discuss, I will be happy to answer any credit repair questions for you.
http://www.hannahfliegel.com
415-999-9348
0 votes Thank Flag Link Fri May 1, 2009
If she is not on the loan, the I do not believe that it will impact her credit at all. Look at a mortgage statement in order to determine who is on the loan. Also, make sure that you use the quit calim deed as advised below!
0 votes Thank Flag Link Fri May 1, 2009
She "should" not be affected then. Especially if she quit claimed off of the property. Being a community property state means shared income and shared debt. However, you should be treated separately in this regard. But there are no guarantees as to what the lenders will do with regards to credit reporting. Her social is not on the loan and she is not a legal owner either. Her credit should not be affected.

Good luck to you!

Diane Wheatley, Broker
diane@moveupproperties.com
(909) 981-5589
0 votes Thank Flag Link Fri May 1, 2009
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