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Violation of stipulation of settlement

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NYCGal

Junior Member
NY. Ex signed a stipulation of settlement agreeing to pay me $xxk and he would be given the house. Almost 2yrs have passed from when finalized and I have not been paid. Currently, my name still remains on the deed, but, not on the mortgage. Ex has not paid the taxes on the house and now the county wants to put a lien on the house setting the auction date for Feb 2010. I have 2 questions. 1st, is my credit in jeopordy from said tax lien? Also, what steps should I take now for enforcing the stipulation of settlement?
 


LdiJ

Senior Member
NY. Ex signed a stipulation of settlement agreeing to pay me $xxk and he would be given the house. Almost 2yrs have passed from when finalized and I have not been paid. Currently, my name still remains on the deed, but, not on the mortgage. Ex has not paid the taxes on the house and now the county wants to put a lien on the house setting the auction date for Feb 2010. I have 2 questions. 1st, is my credit in jeopordy from said tax lien? Also, what steps should I take now for enforcing the stipulation of settlement?
Yes, your credit is at risk due to the tax lien.

You need to bring the taxes current to protect both your credit and your ownership interest in the house, and then you need to take him to court for contempt for not paying you your interest. However, if he doesn't have the money to pay the taxes, he obviously doesn't have the money to buy you out either.

He is probably not paying the house payment either...which means that the tax sale may not save the house from foreclosure, but paying off the taxes would at least protect your credit.
 

You Are Guilty

Senior Member
Point of clarification. Unless it was a "so ordered stipulation" (i.e. signed by both parties and the judge), while you still would need to go back to court, it wouldn't be for contempt, it would be for breach of contract/enforcement of a prior stipulation. Unsurprisingly, this type of action is very common, so don't worry too much about the "legalese", but it's best not to ask for "contempt" in the absence of a court order.

Good luck.
 

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