Dark knight Posted December 25, 2012 Posted December 25, 2012 My divorce was final back in 2010, heres my problem, my wife was awarded to keep the house, she's receiving spousal support until 2015 etc. no problem. The decree states that she's responsible for paying the mortgage and it must remain current. The loan was in my name because during periods where we refinanced, in the past , I used my credit because my wife's credit was shot . I know, bad move. So allow me to fast forward a bit. I've taken her back and forth to court because the decree also states that she was suppose to keep payments current, refinance or sell, neither of which has been done , as a matter of fact the mortgage is about 4 or 5 months behind and guess whose credit is suffering. It's crazy, because its like, even the judge seems baffled. My lawyer hasn't a clue. So the last visit to court, my lawyer informed me that we'd motion to allow the courts manage the sale of the property, that wife will be made to move in 30 days. So here I'm getting excited, until my lawyer informs me on my last court day, that now the mortgage must be current $$$$$ , and I'd probably have to make the payments until its sold. Talking about caught between a rock and a hard place. Shes basically living for free , not to mention i paid the mortgage for 2007 to 2010. Help Share
aMguilts Posted December 26, 2012 Posted December 26, 2012 My divorce was final back in 2010, heres my problem, my wife was awarded to keep the house, she's receiving spousal support until 2015 etc. no problem. The decree states that she's responsible for paying the mortgage and it must remain current. The loan was in my name because during periods where we refinanced, in the past , I used my credit because my wife's credit was shot . I know, bad move. So allow me to fast forward a bit. I've taken her back and forth to court because the decree also states that she was suppose to keep payments current, refinance or sell, neither of which has been done , as a matter of fact the mortgage is about 4 or 5 months behind and guess whose credit is suffering. It's crazy, because its like, even the judge seems baffled. My lawyer hasn't a clue. So the last visit to court, my lawyer informed me that we'd motion to allow the courts manage the sale of the property, that wife will be made to move in 30 days. So here I'm getting excited, until my lawyer informs me on my last court day, that now the mortgage must be current $$$$$ , and I'd probably have to make the payments until its sold. Talking about caught between a rock and a hard place. Shes basically living for free , not to mention i paid the mortgage for 2007 to 2010. Help Share you are paying your lawyer and " he doesn`t have a clue"?? That right?? aM
trippi1432 Posted December 26, 2012 Posted December 26, 2012 Hey Dark Knight, I know you are new here but the other thread you started is still here. Gunny gave you some advice there, so in case you lost the thread, I'll copy it here for you. To quote "Larry the Cable Guy" on CMT "Sometimes you've got to 'total' the car to collect the insurance to make the car payment! That's NOT my advocating that you take such drastic measures ~ that's how some here in Alabama would handle the situation? I would say that you've got to get pro-active and contant the mortgage holder, start a line of communication with them ~ better yet go and see them, and then ask to see their boss, and then see their boss. Keep at it until you can find a soulution to the situation that works for both of you ~ that is you and them ~ not the XHEX. I got myself into a financial mess, and was amazed with the doors that opened when I just went and spoke to the people at the bank! I had to work through the tellers, the receptionist, the people that work for that work for ~ get through the "gate-keepers" but finally got to speak to a VP of the bank ~ and it was like the doors opened up for me. With not even so much as his signature ~ just his intials on a check? He's bailed my butt out of a world of hurt! Get on the phone, make the call, make an appointment, ~ failing that? Just walk in like you own the damn place! Start calling, knocking on doors. I find his advice to be sound and proactive.
aMguilts Posted December 26, 2012 Posted December 26, 2012 (edited) Hey Dark Knight, I know you are new here but the other thread you started is still here. Gunny gave you some advice there, so in case you lost the thread, I'll copy it here for you. I find his advice to be sound and proactive. Other thread? this is his 2nd post? You a bit confused trippi?? answer the post, don`t quote on something in the past, it`s against rules aM Edited December 26, 2012 by aMguilts
Author Dark knight Posted December 26, 2012 Author Posted December 26, 2012 Trippi, I did read Gunneys first post, however I'm looking for advice and recommendations from many. I've actually been communicating with the mortgage company as Gunney suggested, all these want is there money. It's my wife's house ,I do not live I'm the house any more, the loan is still in my name, I refused to pay a dime on a house that at the end of the day belongs to my ex wife. Again, thanks for the help. Dark Knight
trippi1432 Posted December 26, 2012 Posted December 26, 2012 (edited) No worries Dark Knight, wasn't aware you weren't looking for that type of advice, i just thought it was sound advice if you we're worried about your credit rating. Apologies accepted AMGuilts. Edited December 26, 2012 by trippi1432 IPad typo 1
trippi1432 Posted December 26, 2012 Posted December 26, 2012 Okay, granted you refuse to pay a dime on the house as she is living there. It's still you that will take the hit. Most mortgage companies will try to work with situations like this, but it really does depend on how far behind the payments are. I've not had to experience this in my divorce because my ex couldn't claim anything, but I would think you would still be able to put the home on the market as long as it isn't in foreclosure. Have you presented to the court that you want to make good faith payments on the mortgage to save your credit and take them from the spousal support ? Not sure what the laws are in your state, but if the court awarded her the home, it sounds like your lawyer didn't do a very good job in your best interest by getting your name off the deed. The only advice I can give for next time is have a prenupt and a free trader agreement on the house and don't move out.
Mr. Lucky Posted December 26, 2012 Posted December 26, 2012 So here I'm getting excited, until my lawyer informs me on my last court day, that now the mortgage must be current $$$$$ , and I'd probably have to make the payments until its sold. Talking about caught between a rock and a hard place. Shes basically living for free , not to mention i paid the mortgage for 2007 to 2010. Help Share I'd be tempted to let the house go into foreclosure and take the credit hit. You'd be in the same boat as many others in this economy and could, through careful management over a couple of years, rebuild your rating. Were it me, this tough outcome would be preferable to paying my xW's bills. YMMV... Mr. Lucky
aMguilts Posted December 26, 2012 Posted December 26, 2012 (edited) again....move back in!!! Whats stopping you?? Refusing to pay for something thats in your name just because SHE is living there, is really not doing you any good at all!! I bet she is LHAO at you?? Move back in let her move out aM Edited December 26, 2012 by aMguilts
jwi71 Posted December 26, 2012 Posted December 26, 2012 again....move back in!!! Whats stopping you?? Refusing to pay for something thats in your name just because SHE is living there, is really not doing you any good at all!! I bet she is LHAO at you?? Move back in let her move out aM This would certainly end your housing worries as jail is free for the inmates. You do NOT own the house your xW does per decree. My advice, get another lawyer. In the meantime you get to make Sophie's choice. 1) do not pay the mortgage and let the house go into foreclosure. The decree insulates you from actions from your xW but not the bank - ie you take the credit hit. 2) make the payments on the house thus protecting your credit but giving your xW a home for free. So what's more important - your credit or "sticking it to your xW"? And get another lawyer. 1
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