Contempt of court

[creative]

What is the name of your state (only U.S. law)? NJ
My question is that my ex has been receiving rental income and not paying the mortgage on a property that he kept during our settlement agreement. (He kept all the equity to all the properties as well as all the other physical items that were fully paid for; i.e. boat, truck, ATVs, jeep). The mortgage is in both names. He had 90 days to refinance or remove my name. That is now expired. I once bailed him out because he did the same earlier in the year and I made a lump sum payment to take the house out of foreclosure despite the fact that he was receiving the rents. That was in March 2008. I wanted to limit the damage to my credit. His lawyer said he would pay the mortgage going forward. I didn't request he pay me back to $15+ thousand I paid in order to take the house out of foreclosure. My credit is beyond repair now.

He did the same thing again and the house is in foreclosure again. This time, he hasn't paid in 9 months and I was forced to submit a motion through the court because my job is partly dependent on my credit score. I had to show that I attempted to make it right, so I thought. Plus I didn't have the money the second time around. Now the arrearage, fees, and legal costs ifsmore than $35,000, because he didn't pay the taxes as well.

The judge ordered him to remove my name within 30 days (now expired) or show good cause why he should not be held in contempt. I feel terrible following through because I just don't know what they will do to him if I were to enfore the judge's order. At the same time, he hasn't done anything in our breakup to make it easier for me. He's upset and has filed a motion requesting several things. The judge denied each and every single one.

Do you know in NJ what will they do to someone who is held in contempt for something like this?

Thanks

 

[mistoffolees]

What is the name of your state (only U.S. law)? NJ
My question is that my ex has been receiving rental income and not paying the mortgage on a property that he kept during our settlement agreement. (He kept all the equity to all the properties as well as all the other physical items that were fully paid for; i.e. boat, truck, ATVs, jeep). The mortgage is in both names. He had 90 days to refinance or remove my name. That is now expired. I once bailed him out because he did the same earlier in the year and I made a lump sum payment to take the house out of foreclosure despite the fact that he was receiving the rents. That was in March 2008. I wanted to limit the damage to my credit. His lawyer said he would pay the mortgage going forward. I didn't request he pay me back to $15+ thousand I paid in order to take the house out of foreclosure. My credit is beyond repair now.

He did the same thing again and the house is in foreclosure again. This time, he hasn't paid in 9 months and I was forced to submit a motion through the court because my job is partly dependent on my credit score. I had to show that I attempted to make it right, so I thought. Plus I didn't have the money the second time around. Now the arrearage, fees, and legal costs ifsmore than $35,000, because he didn't pay the taxes as well.

The judge ordered him to remove my name within 30 days (now expired) or show good cause why he should not be held in contempt. I feel terrible following through because I just don't know what they will do to him if I were to enfore the judge's order. At the same time, he hasn't done anything in our breakup to make it easier for me. He's upset and has filed a motion requesting several things. The judge denied each and every single one.

Do you know in NJ what will they do to someone who is held in contempt for something like this?

Thanks

Probably start fining him, perhaps attaching his wages, possibly even ordering the house sold. I think it's unlikely that he'll spend any time in jail, though.

If I were in your shoes, I'd push the issue. Ask for authority to sell the house without his signature unless your name is off the mortgage in 30 days. if you get that authority and he doesn't refiance, sell the house.

 

[creative]

Thanks...there's not enough time to sell the house at this point. I just received a notice of final judgement. Within 14 days the foreclosure will be considered finalized.

I'm waiting until after the holidays to put in a motion to enforce the court order. I spoke with the court and they told me that they will most likely begin with revoking his driving privileges in NJ. Then fining him and/or jail time if he does not cooperate.

My ex is very witty. This house is the only property that he has a high mortgage on and happens to be in both names. So he's been pocketing the rental income...because of this, I get terrible credit and I run the risk of not advancing my career....

 

[mistoffolees]

Thanks...there's not enough time to sell the house at this point. I just received a notice of final judgement. Within 14 days the foreclosure will be considered finalized.

I'm waiting until after the holidays to put in a motion to enforce the court order. I spoke with the court and they told me that they will most likely begin with revoking his driving privileges in NJ. Then fining him and/or jail time if he does not cooperate.

My ex is very witty. This house is the only property that he has a high mortgage on and happens to be in both names. So he's been pocketing the rental income...because of this, I get terrible credit and I run the risk of not advancing my career....

Go ahead and get the judgment against him for contempt of court and ask the court to have him reimburse all your expenses in the matter. In addition, make sure that he pays the mortgage lender in full - since your name is on the mortgage, you want to make sure of that even if the bank is satisfied with the foreclosure amount.

Then, send a copy of your judgment and your divorce decree to the mortgage lender and the credit agencies and ask them to remove the black mark from your record. There's no guarantee that they'll do it, but they might - particularly if they got most or all of their money in the foreclosure.