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  1. #1
    flrequest is offline Junior Member
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    Ex Didn't Comply w/ MSA to Re-finance Marital Home

    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
    Last edited by flrequest; 09-17-2008 at 09:53 AM.
  2. #2
    Bali Hai is offline Senior Member
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    Quote Originally Posted by flrequest View Post
    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??
  3. #3
    Ohiogal is offline Senior Member
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    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine 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.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
    tuffbrk is offline Senior Member
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    Quote Originally Posted by flrequest View Post
    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?
  5. #5
    sirenamax is offline Junior Member
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    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
  6. #6
    flrequest is offline Junior Member
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    Thank you for sharing and good luck with your family's situation!
  7. #7
    tuffbrk is offline Senior Member
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    Quote Originally Posted by sirenamax View Post
    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.
  8. #8
    MFinancier is offline Member
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    Quote Originally Posted by Bali Hai View Post
    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!
  9. #9
    Bali Hai is offline Senior Member
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    Quote Originally Posted by MFinancier View Post
    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.

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