Properties to be foreclosed on because ex stopped making payments

[jajone13]

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

I am trying to find out some advice for my mother-in-law. She has now being going through her divorce for over 4 years. The divorce was actually final as of a few months ago but the property assets are still not settled. The problem is that her ex doesn't want to do arbitration and also doesn't want things to be divided evenly. She is now facing the delima of her ex deciding not to make any more payments and is willing for the properties to be foreclosed. It's not the case that he can't make the payments due to a lack of funds but rather he said he would rather them get foreclosed on than her get anything. She has now went to her lawyer numerous times in the last month and he just tells her that the ex's lawyer won't call him back or get back in touch in any way then sends her another bill. The questions I have are:

Can her ex legally just stop making payments even when she has asked for arbitration?
Is there anything else her lawyer "should" be doing to avoid foreclosure and her credit rating getting killed?

Any advice would be VERY much appreciated.

 

[nextwife]

Who has USE of the property or properties in question?

 

[jajone13]

The properties are used as rental and 1 is a beach house that both have access.

 

[mistoffolees]

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

I am trying to find out some advice for my mother-in-law. She has now being going through her divorce for over 4 years. The divorce was actually final as of a few months ago but the property assets are still not settled. The problem is that her ex doesn't want to do arbitration and also doesn't want things to be divided evenly. She is now facing the delima of her ex deciding not to make any more payments and is willing for the properties to be foreclosed. It's not the case that he can't make the payments due to a lack of funds but rather he said he would rather them get foreclosed on than her get anything. She has now went to her lawyer numerous times in the last month and he just tells her that the ex's lawyer won't call him back or get back in touch in any way then sends her another bill. The questions I have are:

Can her ex legally just stop making payments even when she has asked for arbitration?
Is there anything else her lawyer "should" be doing to avoid foreclosure and her credit rating getting killed?

Any advice would be VERY much appreciated.

If she stops making payments, it's going to reflect on her credit rating. OTOH, if she continues to make the payments, she can ask the judge for a larger share of the equity to compensate. However, if she's using rental income to make the payments, she'll lose that argument.

What she needs to do is kick her attorney in the rear. If the other attorney is refusing to respond, then he needs to request a hearing before the judge for a final disposition of the assets. They don't NEED the other side's response - the judge will be happy to decide for them if the other side won't negotiate.

 

[nextwife]

Why doesn't she collect the rental and make the payments? Who is getting the rental money? Surely either of them could make the payments- she shouldn't just wait around for his to do so- she too is responsible legally for these payments.

As to the beach house, she also uses it. Did it occur to her to make the payment if she doesn't want to lose it? Or get an emergency Court Order to get it rented or sold?

 

[jajone13]

The rental properties have automatic checks set up to be sent to her ex. She tried to have that changed but the rental office they use told her that both of them have to sign to change where the checks are mailed. As far as the use of beach house, she can have access to it but never goes there. She also doesn't make anywhere near enough money to make those kind of payments. Does she just need to get another lawyer who will stop waiting on his lawyer and just file the papers in court?

 

[LdiJ]

The rental properties have automatic checks set up to be sent to her ex. She tried to have that changed but the rental office they use told her that both of them have to sign to change where the checks are mailed. As far as the use of beach house, she can have access to it but never goes there. She also doesn't make anywhere near enough money to make those kind of payments. Does she just need to get another lawyer who will stop waiting on his lawyer and just file the papers in court?

Not necessarily. What she needs to do is to insist that her attorney get paperwork filed immediately to get these issues in front of the judge. If her attorney refuses or insists on talking to his attorney first, THEN she may need to fire her attorney and get another one.