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Ex Didn't Comply w/ MSA to Re-finance Marital Home

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flrequest

Junior Member
FL
It was enforced in my Marital Settlement Agreement that my ex-husband was to have our marital home refinanced to remove my name from the loan no later than Jan. 2007. I didn't ask for anything in return, just that my name be taken off of the loan, removing me from any further liability. He swore to me that the refinance was in process, "just taking longer than expected." I called the mortgage company on a regular basis, however, they aren't allowed to tell you if a refinance is in process and could only tell me that my name was sitll on the loan. Now, a year and nine mos. later, he says that with the current market, he was unable to get approved for the refinance. The mortgage payments are on time, for now, but I really don't want this burden anymore. I am currently filling out contempt of court paperwork to file but I am not sure what good this is going to do me. I'm wondering what the court will enforce him to do since he can't get approved for a refinance. Will they force him to sell? What happens if there is a foreclosure and my name is on the loan still even though it legally should not be? I'm very confused about what my best option is right now. Advice is much appreciated.
Regards
 
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Bali Hai

Senior Member
FL
It was enforced in my Marital Settlement Agreement that my ex-husband was to have our marital home refinanced to remove my name from the loan no later than Jan. 2007. Now, a year and nine mos. later, he says that with the current market, he is unable to get approved for the refinance. The mortgage payments are on time, for now, but I really don't want this burden anymore. I am currently filling out contempt of court paperwork to file in the courthouse but I am not sure what good this is going to do me. I'm wondering what the court will enforce him to do since he can't get approved for a refinance. Will they force him to sell? What happens if there is a foreclosure and my name is on the loan still even though it legally should not be? I'm very confused about what my best option is right now. Advice is much appreciated.
Regards
If he is unable to refinance because the Republicans have destroyed not only the US but the WORLD economy, what can he do about that??

If the shoe were on the other foot and it were you who needed to get refinancing but couldn't, what would your proposed solution be??
 

Ohiogal

Queen Bee
Well then he should have tried to get the house refinanced by January 2007. Take him back to court for contempt. Ask the court to force a sale of the house and your ex to absorb the entire loss if any.
 

tuffbrk

Senior Member
FL
marital home refinanced to remove my name from the loan no later than Jan. 2007.
he says that with the current market, he is unable to get approved for the refinance. The mortgage payments are on time, for now, but I really don't want this burden anymore.

I'm wondering what the court will enforce him to do since he can't get approved for a refinance. Will they force him to sell? Regards

Why in the world did you wait this long? What has changed - other than the market falling apart in 2008? How many applications did he submit since the end of 2006, first quarter 2007?

Gotta tell you - you sat around this long, he remains current - I'd sit it out at this point and give the market 6 mos. to rebound. Important question though - how was the asset divied up in the divorce? Were you paid for your interest in the home? Did you give up your interest in lieu of something else?
 

sirenamax

Junior Member
Hello, my parents are going through something kind of similar. I used this blog just the other day to ask how would I go about a doing a contempt of court myself. In our case, the judge ruled for everything to be split 50/50 and still 7 years later- nothing. So my dad is going to file the contempt paperwork and I was told she could be arrested and in your case, yup they would for sure make him put the house up for sale. That was what was going to originally happen to my parents until my dad proposed buying my mom out of the house. Don't ever think for one moment that since he's paid faithfully this long that he'll continue, when people are desperate and mad, they do stupid things. Good luck, if I find out anymore info, I'll send it your way!
Sirena
 

tuffbrk

Senior Member
Hello, my parents are going through something kind of similar. I used this blog just the other day to ask how would I go about a doing a contempt of court myself. In our case, the judge ruled for everything to be split 50/50 and still 7 years later- nothing. So my dad is going to file the contempt paperwork and I was told she could be arrested and in your case, yup they would for sure make him put the house up for sale. That was what was going to originally happen to my parents until my dad proposed buying my mom out of the house. Don't ever think for one moment that since he's paid faithfully this long that he'll continue, when people are desperate and mad, they do stupid things. Good luck, if I find out anymore info, I'll send it your way!
Sirena
Sweetheart - you have absolutely no way of knowing if the house will be ordered to be sold. Yes, this party's Ex can be charged with contempt. The OP can request that the house be sold, and the judge MAY order it. There is no guarantee. No information was provided as to division of assets, equity if any in the home, disposition of other items of note in their property settlement, etc. All of which the Ex can bring up in response to her petition. Even if the Ex is ordered to list the home, there is still no guarantee that it will be sold anytime soon.
 
If he is unable to refinance because the Republicans have destroyed not only the US but the WORLD economy, what can he do about that??

If the shoe were on the other foot and it were you who needed to get refinancing but couldn't, what would your proposed solution be??

Ok Bali....Try telling that to the Judge...the Democrats talked me into buying something for nothing...and the Republicans ruined my chance of making something for nothing!
 

Bali Hai

Senior Member
Ok Bali....Try telling that to the Judge...the Democrats talked me into buying something for nothing...and the Republicans ruined my chance of making something for nothing!
I think the judge would give it some weight if they were a Democrat.:D
 

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