Divorce Decree terms not met.

[krissy42870]

What is the name of your state?in

Does anyone have any experience with a situation like this... My husbands ex-wife received the house in the divorce decree 4 yrs ago, with the stipulation that she would refinance the mortgage within 18 months. Well, she did not. She filed bankruptcy on a boat load of medical debt and promised to reaffirm on the house loan. Something happened and she did not reaffirm. She stopped making payments sometime last summer, and now the house is in foreclosure proceedings. We didn't learn any of this until November, through our attorney digging. She is still living there but has now "allowed" us to list the house up for sale.

There will most likely be a deficiency when the house sells. Since she filed bankruptcy on the home, the mortgage companys will not go after her, only my husband.

We do have a court date in 2 weeks to try to get her to move out so we can "fix" up the house for sale, and try to make her liable for any $$ losses he suffers.

My question really is, Can the judge that signed the divorce decree hold her liable for the incurred costs to my husband since she did not fullfill her agreement? even though she filed bankruptcy on those debts?

Thanks

 

[LdiJ]

What is the name of your state?in

Does anyone have any experience with a situation like this... My husbands ex-wife received the house in the divorce decree 4 yrs ago, with the stipulation that she would refinance the mortgage within 18 months. Well, she did not. She filed bankruptcy on a boat load of medical debt and promised to reaffirm on the house loan. Something happened and she did not reaffirm. She stopped making payments sometime last summer, and now the house is in foreclosure proceedings. We didn't learn any of this until November, through our attorney digging. She is still living there but has now "allowed" us to list the house up for sale.

There will most likely be a deficiency when the house sells. Since she filed bankruptcy on the home, the mortgage companys will not go after her, only my husband.

We do have a court date in 2 weeks to try to get her to move out so we can "fix" up the house for sale, and try to make her liable for any $$ losses he suffers.

My question really is, Can the judge that signed the divorce decree hold her liable for the incurred costs to my husband since she did not fullfill her agreement? even though she filed bankruptcy on those debts?

Thanks

It depends on whether or not she included your husband as a creditor in her bankruptcy. If she did, he may be out of luck on that. If she didn't, he may have recourse.

 

[krissy42870]

She did include him as co debtor.. however she used an old address (even though she knew the correct one) and he never received copies of the papers. In addition, we have since obtained the paperwork, she stated she was reaffirming on the mortgage, but she failed to do so.

 

[LdiJ]

She did include him as co debtor.. however she used an old address (even though she knew the correct one) and he never received copies of the papers. In addition, we have since obtained the paperwork, she stated she was reaffirming on the mortgage, but she failed to do so.

He most seriously needs an attorney. He is dealing with a complex situation that he can't resolve without one....sorry.