Spouse Not Paying Mortgage - MA

[Lactrain]

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

My divorce is approximately two months past the 'Motion for Temporary Assignments' with the pre trial coming up in May.

We currently own a multifamily (4 family) dwelling where she currently resides and I do not. She currently receives 1300 in rent toward a 1600 a month mortgage payment. As a result of our motion hearing she agreed to pay the mortgage and utilities and I agreed to pay her 150 per week support till the pretrial.

At this time she has not made decembers or januarys mortgage and has failed to pay the water and sewer bill also and it is scheduled for shutoff.

I have an attorney and I am awaiting a call back from him. What action should I expect next????

Signed

Im going Bankrupt

 

[LdiJ]

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

My divorce is approximately two months past the 'Motion for Temporary Assignments' with the pre trial coming up in May.

We currently own a multifamily (4 family) dwelling where she currently resides and I do not. She currently receives 1300 in rent toward a 1600 a month mortgage payment. As a result of our motion hearing she agreed to pay the mortgage and utilities and I agreed to pay her 150 per week support till the pretrial.

At this time she has not made decembers or januarys mortgage and has failed to pay the water and sewer bill also and it is scheduled for shutoff.

I have an attorney and I am awaiting a call back from him. What action should I expect next????

Signed

Im going Bankrupt

Is her only income the rent and your support? If so, that's only about 1900.00 a month. That probably wouldn't even cover the mortgage and utilities on a 4 family dwelling...let alone cover any other living expenses or bills.

If there is any equity in the property don't let it go into foreclosure.

 

[mistoffolees]

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

My divorce is approximately two months past the 'Motion for Temporary Assignments' with the pre trial coming up in May.

We currently own a multifamily (4 family) dwelling where she currently resides and I do not. She currently receives 1300 in rent toward a 1600 a month mortgage payment. As a result of our motion hearing she agreed to pay the mortgage and utilities and I agreed to pay her 150 per week support till the pretrial.

At this time she has not made decembers or januarys mortgage and has failed to pay the water and sewer bill also and it is scheduled for shutoff.

I have an attorney and I am awaiting a call back from him. What action should I expect next????

Signed

Im going Bankrupt

Listen to your attorney, but I'm guessing that one of the next steps is to petition the court for the house to be sold. You claim you're going bankrupt so you can't afford it and your stbx either can't or won't pay the mortgage. The sooner you get it sold, the better off everyone will be.

 

[Lactrain]

Is her only income the rent and your support? If so, that's only about 1900.00 a month. That probably wouldn't even cover the mortgage and utilities on a 4 family dwelling...let alone cover any other living expenses or bills.

If there is any equity in the property don't let it go into foreclosure.

No! ... She works also! ... How would I not let it go into foreclosure .... I am relying on the attorneys to work this out. Why wouldnt they put the house into my reposiblity and allow me to collet the rents and responsible for the the payment. It appears that foreclosure will be in the near future.

Any advice on this....

 

[Lactrain]

Listen to your attorney, but I'm guessing that one of the next steps is to petition the court for the house to be sold. You claim you're going bankrupt so you can't afford it and your stbx either can't or won't pay the mortgage. The sooner you get it sold, the better off everyone will be.

Not Bankrupt at the moment ...unless we loose the house and it as an asset. I may not not be able to afford to buy her out, or maybe I will. But I feel that I may not even get the chance.

Wouldnt she be in contempt...what would the recourse be for me and my attorney I am loosing confidence in. I spoke with hime and he stated that he contacted her attorney and spoke with him. He replied that her attorney will be meeting with my spouse tommorow and he will call me on the issue when he gets word.

 

[Zigner]

How would I not let it go into foreclosure ....

Pay the mortgage.

 

[mistoffolees]

Not Bankrupt at the moment ...unless we loose the house and it as an asset. I may not not be able to afford to buy her out, or maybe I will. But I feel that I may not even get the chance.

Wouldnt she be in contempt...what would the recourse be for me and my attorney I am loosing confidence in. I spoke with hime and he stated that he contacted her attorney and spoke with him. He replied that her attorney will be meeting with my spouse tommorow and he will call me on the issue when he gets word.

If she has the money and isn't paying it, you can file for contempt (actually, you can file for contempt even if she doesn't have the money but it won't do you much good in that case).

If you can afford it, Zigner is right. Pay the mortgage to protect your credit rating and keep the house from going into foreclosure and then sue to get your money back.

 

[Lactrain]

Damn ... Zigner your Brilliant .... Sure your not attorney?

Maybe I should pay you the retainer, hourly fee, child support, alimony so you can go get f@#%^@D... Like she has in the past.

Pay the mortgage.

 

[Lactrain]

Contempt!!!! ... Put the responsibility back in my hands so I can collect the rents and pay the mortgage. Possibly revoke the spousal support, temporarily till the house is sold ... does this sound extreme.

If I could afford it I would pay it and not have had to ask the question in the first place.

If she has the money and isn't paying it, you can file for contempt (actually, you can file for contempt even if she doesn't have the money but it won't do you much good in that case).

If you can afford it, Zigner is right. Pay the mortgage to protect your credit rating and keep the house from going into foreclosure and then sue to get your money back.

 

[mistoffolees]

Contempt!!!! ... Put the responsibility back in my hands so I can collect the rents and pay the mortgage. Possibly revoke the spousal support, temporarily till the house is sold ... does this sound extreme.

If I could afford it I would pay it and not have had to ask the question in the first place.

You know, sometimes things don't work out the way you want and there's some pain.

You have a court order. It is illegal not to do what the court order says. If you stop paying spousal support, you could find yourself in jail. Arguing that she isn't paying the mortgage is NOT a defense.

You want to protect your credit rating? You have three options in the short run:

1. Go to court to have her found in contempt. However, that takes time and there's no guarantee that it will be paid before the house goes into foreclosure. The court is not going to drop everything on its docket because YOU are in a hurry.

2. Pay the money and try to collect it from your stbx. If she has the money (or if there's going to be equity in the house when it sells), you have a good chance of this.

3. Do nothing, but expect your credit rating to be ruined.

I wish there were a magic wand that you could wave and have the money magically transferred from your stbx to the bank, but it doesn't work that way.

 

[Lactrain]

Sounds like number three is the only option .... Do Nothing and watch my house go into foreclosure!!!!

My question is why would two attorneys allow her the right to assume the responsibility of collecting rents, and paying the expenses when they know I am the bread winner. There would have been nothing to gain or lose by making me responsible with the exception of the house going into foreclosure.

You know, sometimes things don't work out the way you want and there's some pain.

You have a court order. It is illegal not to do what the court order says. If you stop paying spousal support, you could find yourself in jail. Arguing that she isn't paying the mortgage is NOT a defense.

You want to protect your credit rating? You have three options in the short run:

1. Go to court to have her found in contempt. However, that takes time and there's no guarantee that it will be paid before the house goes into foreclosure. The court is not going to drop everything on its docket because YOU are in a hurry.

2. Pay the money and try to collect it from your stbx. If she has the money (or if there's going to be equity in the house when it sells), you have a good chance of this.

3. Do nothing, but expect your credit rating to be ruined.

I wish there were a magic wand that you could wave and have the money magically transferred from your stbx to the bank, but it doesn't work that way.

 

[Ohiogal]

Sounds like number three is the only option .... Do Nothing and watch my house go into foreclosure!!!!

My question is why would two attorneys allow her the right to assume the responsibility of collecting rents, and paying the expenses when they know I am the bread winner. There would have been nothing to gain or lose by making me responsible with the exception of the house going into foreclosure.

You file contempt of the court order. That is what you do. She is an adult and has a stake in the marital property. She is living there. hence why she would be given that responsibility. Also you don't get to control everything. Courts don't like it when one party has far too much power over the other party.

 

[Lactrain]

OK .. this i can agree with and makes sense. Not a problem.

You file contempt of the court order. That is what you do. She is an adult and has a stake in the marital property. She is living there. hence why she would be given that responsibility.

The below statement blows my mind. Control .. this has nothing to do with control. It has everything to do with putting the party who is most capable of maintaining the marital assets till their division can be mutually agreed upon.

By mandating me to pay her the alimony and mandating she be responsible wasn't a good decision and now it has become clear. This shouldn't be about her vs me. It should be what should be done for both of us to come out of this in the best positive frame as possible. Because she/I make the payments shouldn't give her anymore rights over the asset then me.

Im not so much concerned with the actions of my wife but more so of the attorneys turning this into a battle of checkbooks when neither one of has the money to do so, and that should be obvious to them.

Also you don't get to control everything. Courts don't like it when one party has far too much power over the other party.