Contempt of judgement & decree?

[zeebra]

What is the name of your state (only U.S. law)? MN
Our final Judgement & Decree states that if my ex becomes more than 2 months in arrears on the house payment, my Quit Claim Deed becomes matured. Consequently, she would have to refinance or sell the the house & pay me for my half of the equity. The bank had called me to tell me that she had missed two payments. I filed for contempt because this is a pattern with her. My name is on both mortgages & my credit is being ruined. The Quit Claim Deed that I signed over to her, does not have an expiration date & I fear that she could continue to live there & continue this behavior, indefinately. The bank has now called me & said that she came up with 2 payments, 1 day before the 3rd payment was due. Therefore she is still in arrears. My question is about the wording of the decree. It says "2 months", not 60 days nor does it say 2 payments. I had already filed for contempt before she made the 2 payments. Am I correct in filing for contempt or am I in trouble with the judge?
Feeling helpless in MN.

 

[mistoffolees]

What is the name of your state (only U.S. law)? MN
Our final Judgement & Decree states that if my ex becomes more than 2 months in arrears on the house payment, my Quit Claim Deed becomes matured. Consequently, she would have to refinance or sell the the house & pay me for my half of the equity. The bank had called me to tell me that she had missed two payments. I filed for contempt because this is a pattern with her. My name is on both mortgages & my credit is being ruined. The Quit Claim Deed that I signed over to her, does not have an expiration date & I fear that she could continue to live there & continue this behavior, indefinately. The bank has now called me & said that she came up with 2 payments, 1 day before the 3rd payment was due. Therefore she is still in arrears. My question is about the wording of the decree. It says "2 months", not 60 days nor does it say 2 payments. I had already filed for contempt before she made the 2 payments. Am I correct in filing for contempt or am I in trouble with the judge?
Feeling helpless in MN.

If she missed 2 months' payments, you had the right to file for contempt. If she came up with the money and is no longer 2 months in arrears when you go to court, I would guess she'll get a warning and nothing else. The judge might be slightly annoyed with you for proceeding with the hearing after she got partially caught up, but you won't be in trouble.

I would consider asking for a continuance on your contempt filing until she is 2 months in arrears again.

 

[ohio71]

My advice, having been in this situation, is continue with the contempt charge and do whatever you have to do to get out of the situation. You can't let her continue to ruin your credit.

 

[majomom1]

You have already given her the signed Quit Claim Deed? And you say this is a pattern. She has she been 2 months behind, prior to this? I would definitely continue with the contempt and at least ask the court to set a specific date for her to refinance, or sell.

 

[MFinancier]

What is the name of your state (only U.S. law)? MN
Our final Judgement & Decree states that if my ex becomes more than 2 months in arrears on the house payment, my Quit Claim Deed becomes matured. Consequently, she would have to refinance or sell the the house & pay me for my half of the equity. The bank had called me to tell me that she had missed two payments. I filed for contempt because this is a pattern with her. My name is on both mortgages & my credit is being ruined. The Quit Claim Deed that I signed over to her, does not have an expiration date & I fear that she could continue to live there & continue this behavior, indefinately. The bank has now called me & said that she came up with 2 payments, 1 day before the 3rd payment was due. Therefore she is still in arrears. My question is about the wording of the decree. It says "2 months", not 60 days nor does it say 2 payments. I had already filed for contempt before she made the 2 payments. Am I correct in filing for contempt or am I in trouble with the judge?
Feeling helpless in MN.

Let me get this straight...are you saying your quitclaim somehow doesn't "mature" unless she is two months in arrears? Have you signed the quitclaim?...does she have it in her possession? Irregardless...if she couldn't refi when you got divorced, that's probably not an option now...so the real issue is whether or not the judge will find her in contempt and order the house sold. I think the judge will bend over backwards to give her more time to make up (purge) any arrears, and holding her in contempt is unlikely unless she has the ability to pay and refuses to do so. I don't think you are in "trouble"...I just think you need to build a stronger case for selling the house. Two months isn't much time. I'd wait until she was more than two months and then file for a hearing and request the house be appraised and sold....the arrears paid off from her portion of the equity and a credit to you for your full portion.

 

[LdiJ]

What is the name of your state (only U.S. law)? MN
Our final Judgement & Decree states that if my ex becomes more than 2 months in arrears on the house payment, my Quit Claim Deed becomes matured. Consequently, she would have to refinance or sell the the house & pay me for my half of the equity. The bank had called me to tell me that she had missed two payments. I filed for contempt because this is a pattern with her. My name is on both mortgages & my credit is being ruined. The Quit Claim Deed that I signed over to her, does not have an expiration date & I fear that she could continue to live there & continue this behavior, indefinately. The bank has now called me & said that she came up with 2 payments, 1 day before the 3rd payment was due. Therefore she is still in arrears. My question is about the wording of the decree. It says "2 months", not 60 days nor does it say 2 payments. I had already filed for contempt before she made the 2 payments. Am I correct in filing for contempt or am I in trouble with the judge?
Feeling helpless in MN.

I am a tad concerned that you don't understand what a quit claim deed is. A quit claim deed neither matures nor expires, so I have some concern there.

Perhaps you should explain more fully what you mean by that.

 

[zeebra]

I am a tad concerned that you don't understand what a quit claim deed is. A quit claim deed neither matures nor expires, so I have some concern there.

Perhaps you should explain more fully what you mean by that.

My Judgement & Decree states,"The conditions upon which Petitioner's lien created herein shall mature shall be as follows:" That statement is followed by 7 conditions, one of which is the late payments.

 

[MFinancier]

My Judgement & Decree states,"The conditions upon which Petitioner's lien created herein shall mature shall be as follows:" That statement is followed by 7 conditions, one of which is the late payments.

Sorry but I'm a little confused too. A quitclaim simply disclaims any interest the grantor (you) has in the property. A "lien" is a security interest (or encumbrance) granted (ordered) by the lienor (your ex) to the non possessory party (you). They are two different things! It sounds to me like it's the lien that matures for non performance...not the quitclaim!

 

[zeebra]

Sorry but I'm a little confused too. A quitclaim simply disclaims any interest the grantor (you) has in the property. A "lien" is a security interest (or encumbrance) granted (ordered) by the lienor (your ex) to the non possessory party (you). They are two different things! It sounds to me like it's the lien that matures for non performance...not the quitclaim!

My appologies. I'm using the term Quit Claim when I'm actually referring to the lien Thanks.