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  #1  
Old 01-18-2009, 12:57 PM
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Divorce Decree Said I had to refinance

New York

My husband and I have been divorced for almost 2 years (it will be 2 years in April) I was suppose to refinance the mortgage of our house so that it was only in my name. I have yet to do so. I heard from a friend that he can go to his lawyer and send me a letter saying that I have x # of days to refinance or I will be held in contempt of court and could face having to pay him $. I have no intention of not paying the mortgage I just didn't want to refinance. Can he go back to court and force me to refinance?
  #2  
Old 01-18-2009, 01:22 PM
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Quote:
Originally Posted by ruthorestate123 View Post
New York

My husband and I have been divorced for almost 2 years (it will be 2 years in April) I was suppose to refinance the mortgage of our house so that it was only in my name. I have yet to do so. I heard from a friend that he can go to his lawyer and send me a letter saying that I have x # of days to refinance or I will be held in contempt of court and could face having to pay him $. I have no intention of not paying the mortgage I just didn't want to refinance. Can he go back to court and force me to refinance?
Of course he can force you to refinance, or rather the judge can. The court orders require you to do so. If you do not cooperate, the judge can even order the house to be sold.
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Last edited by LdiJ; 01-18-2009 at 03:11 PM.
  #3  
Old 01-18-2009, 02:15 PM
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And if your refusal to refinance costs him money you cna be forced to reimburse him whatever funds he is out. As in, he tries for a mortgage himself and ends up with a higher interest rate due to your refusal -- you could end up paying a penalty to reimburse him for the higher interest rate.
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Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

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  #4  
Old 01-18-2009, 03:07 PM
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Let me ask you....

Would YOU want to be on debt that HE was responsible for?
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Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #5  
Old 01-18-2009, 03:14 PM
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Quote:
Originally Posted by ruthorestate123 View Post
New York

My husband and I have been divorced for almost 2 years (it will be 2 years in April) I was suppose to refinance the mortgage of our house so that it was only in my name. I have yet to do so. I heard from a friend that he can go to his lawyer and send me a letter saying that I have x # of days to refinance or I will be held in contempt of court and could face having to pay him $. I have no intention of not paying the mortgage I just didn't want to refinance. Can he go back to court and force me to refinance?
Then WHY did you enter an agreement in which you AGREED to do that?
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  #6  
Old 01-18-2009, 08:21 PM
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Re:

Well I found out after we were divorced and everything had been signed that he had gotten another woman pregnant and they were building a life together. He divorced me on grounds of Cruel and Inhuman Treatment in NY but then I find out he moved onrather quickly. Does that change anything about the legality of the divorce or because I signed the papers and we agreed and the judge ruled its basically a done deal.
  #7  
Old 01-18-2009, 08:25 PM
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You agreed in a court order (those are not suggestions) to refinance the house. Yes, he can file a showcause motion to find out WHY you haven't refinanced the house. You really should have done it two years ago. With the lost equity, the judge may order the house sold.
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  #8  
Old 01-18-2009, 08:41 PM
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The interest rates now are as good as it gets for a refi.

I'm doing a refi now, and the total in fees is about $650 (of course, title fees in WI are very, very competitive), and the rate is in the mid 4's. Try talking to a local brick and mortar lender who does in-house service retained lending, The fees are less, because they don't need to build a Fannie or Freddie compliant application package.
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  #9  
Old 01-19-2009, 06:11 AM
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Quote:
Originally Posted by ruthorestate123 View Post
Well I found out after we were divorced and everything had been signed that he had gotten another woman pregnant and they were building a life together. He divorced me on grounds of Cruel and Inhuman Treatment in NY but then I find out he moved onrather quickly. Does that change anything about the legality of the divorce or because I signed the papers and we agreed and the judge ruled its basically a done deal.


So basically you are being a bitter spiteful wench who is trying to destroy him because he isn't with you? No wonder he was able to prove Cruel and Inhuman treatment. You are not exactly a sweetie pie now are you?

Follow the COURT ORDER. Or find yourself on the wrong end of a show cause motion -- and owing even more money. And also try to grow up a bit. Your attitude is that of a child whose sibling got the toy they wanted for Christmas and sets out to break it before the day is over. How pathetic.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #10  
Old 01-19-2009, 10:02 AM
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Re:

Well I'm just saying that I think he actually left me for her - but the divorce had already been agreed upon and signed by the time I found out - if you're telling me I dont have any options there -- I still dont want to refinancy.
  #11  
Old 01-19-2009, 10:07 AM
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If I were your ex, or advising your ex, he would be in court by the end of this week nailing your behind to the wall - which will include two of three things: (1) an order requiring you to turn over the home to him (2) an order to sell the home AND (3) financial sanctions for you WILLFULLY and WANTONLY disregarding a court order.

Then you can sit and dwell on that, while being homeless.
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  #12  
Old 01-19-2009, 10:25 AM
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Quote:
Originally Posted by ruthorestate123 View Post
Well I'm just saying that I think he actually left me for her - but the divorce had already been agreed upon and signed by the time I found out - if you're telling me I dont have any options there -- I still dont want to refinancy.
I don't care what you are saying. As for what I am saying let me repeat more clearly:
Quote:
You are a bitter spiteful wench who is trying to destroy him because he isn't with you. No wonder he was able to prove Cruel and Inhuman treatment. You are not exactly a sweetie pie, now are you?

Follow the COURT ORDER. Or find yourself on the wrong end of a show cause motion -- and owing even more money. And also try to grow up a bit. Your attitude is that of a child whose sibling got the toy they wanted for Christmas and sets out to break it before the day is over. How pathetic.
I would gladly help your husband take your butt to court and file a motion to show cause. I would also be telling him to ask for what Court Clerk suggested as well as financial sanctions against you for refusing to relieve him of his credit obligations and thus causing him to have financial penalties. I would also ask the court to include a penalty of $1000 a month for every month you have no refinanced the house including said time as has passed since the divorce. If you still refused, a lien would be placed against all of your bank accounts, your house, your car and any other property you had. If you had no property I would be asking for you to spend your time in jail until said time as you completed a refinance.

You don't want to refinance? Oh well. Stomp your feet and act like a five year old. The court was NOT making a suggestion.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #13  
Old 01-19-2009, 11:41 AM
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You said " I still dont want to refinancy."

It's as if you cannot read!! Reread these posts! You have NO CHOICE in this. You signed a divorce agreement that says you MUST refinance the house!

Do you really want to risk having all these things these people have suggested ( and yes...they do know what they are talking about) ?

That would be so asinine on your part.

So he left you for another woman...if that is what is sticking in your craw then try to sue him is civil court...good luck with that by the way...but HEY!!! it may make you feel better!!!
  #14  
Old 01-19-2009, 01:03 PM
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Question

To the seniors:
COULD she claim she agreed to the divorce conditions under duress? Did she have a lawyer representing her in the divorce? Someone to explain the conditions she agreed to?

Don't get me wrong - I whole-heartedly agree this woman is acting like a spoiled child, and I would like to applaud her ex for not dragging her to court sooner - or rather, shake him and wonder why the hell he didn't.
  #15  
Old 01-19-2009, 01:06 PM
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And?

How has this been working at tax time? Do New Yorkers get to claim mortgage interest? If so, has OP been robbing the ex (and note how she still refers to him as her 'husband,' not her 'ex-husband') of tax deductions that should rightfully be his as well?
I think OP is hoping ex comes home to her.
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