Minor signed mortgage?

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I will try to make a long story short. I got married when I was 17 (bad idea). In 2001 we divorced and my ex husband was awarded the house (by mutual agreement and he was court ordered to “try” refinance but he could not because of his credit). In 2006 he defaulted on the loan and the home was foreclosed. I have tried in vein to get this off my credit report. My question is was my signing the mortgage at 17 (I was married at the time the mortgage was signed) even legal since I was a minor? Is there anyway I can fight this and get it off my credit?

I have had a perfect rental history for about 8 years now but I can not BUY a house because of this foreclosure, prior to the foreclosure I couldn’t get a house because it was slow pay 120 days late (sometimes more). As most of us know rental history can not go on a credit report. Someone please help I want my own home for me and my kids!

  1. Reply
    May 19, 2011 at 2:37 am

    You were married at 17, so that kind of makes you an emancipated minor. I would go talk to a lawyer about the problem. If he got the house in the divorce, you should have completely been removed from any and all problems associated with it.

  2. Reply
    May 19, 2011 at 2:56 am

    If you sign a contract before the age of majority, the contract is voidable by you upon until the age of majority.

    What this means is you can void the contract, if you choose to do so, before you turn 18.

    However, if you nave not done this by the time you reach the age of majority, then the contract becomes valid. You cannot then claim that it was signed when you were a minor, so it is no longer valid.

    So, even if you were not an emancipated minor, it seems like you would not be able to claim this was a void contract, anyway.

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