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  1. #1
    wolfthing2000 is offline Member
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    Partial Judgement, Final Judgement

    What is the name of your state (only U.S. law)? Oregon

    If there is a partial judgement in the process of a divorce regarding personal property/debt and the final judgement reads differently, does the final judgement take priority over the partial judgement from 6 months previous to the final judgement?
    Thank you
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by wolfthing2000 View Post
    What is the name of your state (only U.S. law)? Oregon

    If there is a partial judgement in the process of a divorce regarding personal property/debt and the final judgement reads differently, does the final judgement take priority over the partial judgement from 6 months previous to the final judgement?
    Thank you
    I don't think that anyone could answer that, for certain, without knowing the details.

    In general yes, a final judgement would override a partial/temporary judgement but again, without the details no one can tell you for certain.
  3. #3
    wolfthing2000 is offline Member
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    specificaly: I am the petitioner and upon partial judgement the respondent, my ex wife, was ordered to keep one property from foreclosure and me the other and both propertys for sale.
    final judgement : she was ordered to keep one property from foreclosure and the other property was ordered sold. we are to split the profits if any.

    I can't keep up the payments and neither has she.

    Am I in contempt if the property goes to foreclosure?
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by wolfthing2000 View Post
    specificaly: I am the petitioner and upon partial judgement the respondent, my ex wife, was ordered to keep one property from foreclosure and me the other and both propertys for sale.
    final judgement : she was ordered to keep one property from foreclosure and the other property was ordered sold. we are to split the profits if any.

    I can't keep up the payments and neither has she.

    Am I in contempt if the property goes to foreclosure?
    If the property that SHE was ordered to keep out of foreclosure goes into foreclosure you would not be in contempt, she would.

    If the property that was ordered to be sold, isn't sold, and ends up in foreclosure instead, either of you could be held in contempt if either of you won't cooperate with exactly what needs to be done to ensure that the property sells.

    Example: You have property that you believe is worth 100k. However, the only way to guarantee that it will sell before foreclosure is to list it at 75k. If either of you refuses to list it at 75k, then that person could be in contempt.

    Another Example: You have property that you believe is worth 100k. Someone makes you an offer for 75k and that is enough to cover the mortgage, selling expenses, AND keep it out of foreclosure. If either of you rejects the offer, you could be in contempt.

    In other words, if it doesn't sell, you had best be darn certain that you cannot be blamed for it not selling.
  5. #5
    wolfthing2000 is offline Member
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    the prices have been dropped a total of 100 thousand on 2 propertys that were originaly valued at about 300k. they are both very close to mortgage pay off prices at the moment with a little equity left, not much.
    She hasn't made payments to, of all people, her mother who carrys the mortgage on the property that she is responsible for and I live in. Foreclosure is used as a threat against me by the mother in law and my ex. several times in the last year.
    I am sinking closer to bankruptcy every day by having to pay the mortgage on the property i was originaly ordered by partial judgement to keep from foreclosure. The banks tells me that deed in lieu is a way out and not considered foreclosure.
  6. #6
    mistoffolees is offline Senior Member
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    Quote Originally Posted by wolfthing2000 View Post
    the prices have been dropped a total of 100 thousand on 2 propertys that were originaly valued at about 300k.
    I really wish people would learn about real estate value.

    The property is worth what the market says it is - not what you paid for it or what you think it's worth or what you owe on it.

    If you lowered the price and it still didn't sell, then you haven't reached market price.
  7. #7
    wolfthing2000 is offline Member
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    they are considerably lower than comparable propertys that are market value.
  8. #8
    wolfthing2000 is offline Member
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    so back to original question.

    The second property that is for sale and not selling is close to foreclosure. I was ordered in the partial judgement on Nov. 08 to keep it from foreclosure. It does not specificaly say that in final judgement of April 2009.
    I have sold off about all I have and tapped out my retirement to keep up payments since Nov. of 08. I am losing ground . If it forecloses am I in contempt and what would happen then??

    How can I get the judge to look at the situation before all that happens?
    I would have to do it without attorney. I have no money.

    Her attorney was disbarred and mine dismissed me because divorce was over, I owe too much and the ex wife was bombarding him with frivolous letters that were adding up the bill.

    I am in need of some serious guidance.

    I called realtor and told him to unload propertys for what he can get above cost.
  9. #9
    mistoffolees is offline Senior Member
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    Quote Originally Posted by wolfthing2000 View Post
    they are considerably lower than comparable propertys that are market value.
    Yet no one has bought them. That suggests that either:
    1. The comparables really aren't at market value (have they been sold?)

    or

    2. The comparables really aren't comparable
  10. #10
    wolfthing2000 is offline Member
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    And back to the original question please
  11. #11
    mistoffolees is offline Senior Member
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    Quote Originally Posted by wolfthing2000 View Post
    And back to the original question please
    Ldij gave you the answer in post #4.
  12. #12
    wolfthing2000 is offline Member
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    does the final judgement over ride the partial judgement?
  13. #13
    mistoffolees is offline Senior Member
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    Quote Originally Posted by wolfthing2000 View Post
    does the final judgement over ride the partial judgement?
    What does the final judgment say? Does it say that it replaces the preliminary judgment or does it say that the preliminary judgement is incorporated therein?
  14. #14
    wolfthing2000 is offline Member
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    " The court, having reviewed the records and documents on file herein, having heard the stipulation of the parties at court on -------- and been fully advised in the premises, makes the following findings:



    ******************************************..

    **********************************************************************.....

    **********************************************************************..the court makes further findings as set forth below herein.

    RESIDENCE PROPERTY: ordered sold......proceeds divided equaly....Until sale the petitioner has exclusive right to use and occupy.
    Respondent responsible to keep from foreclosure.

    Real Property: ordered sold, proceeds split.
  15. #15
    mistoffolees is offline Senior Member
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    Quote Originally Posted by wolfthing2000 View Post
    " The court, having reviewed the records and documents on file herein, having heard the stipulation of the parties at court on -------- and been fully advised in the premises, makes the following findings:



    ******************************************..

    **********************************************************************.....

    **********************************************************************..the court makes further findings as set forth below herein.

    RESIDENCE PROPERTY: ordered sold......proceeds divided equaly....Until sale the petitioner has exclusive right to use and occupy.
    Respondent responsible to keep from foreclosure.

    Real Property: ordered sold, proceeds split.
    Then it's quite clear. Respondent is responsible to keep the residence property from foreclosure. If they don't do it, they're liable for contempt.

    Neither one is ordered to keep the Real property from foreclosure. No one can be held in contempt if it goes into foreclosure.

    Both were ordered to be sold. Either party who blocks the sale can be liable for contempt (whether you think it should sell for more is irrelevant - unless it's a stupidly low price).

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