+ Reply to Thread
Results 1 to 4 of 4
  1. #1
    NYCGal is offline Junior Member
    Join Date
    Nov 2009
    Posts
    2

    Question Violation of stipulation of settlement

    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?
  2. #2
    LdiJ is online now Senior Member
    Join Date
    May 2004
    Posts
    65,917
    Quote Originally Posted by NYCGal View Post
    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.
  3. #3
    NYCGal is offline Junior Member
    Join Date
    Nov 2009
    Posts
    2
    Thank you.
  4. #4
    You Are Guilty is offline Senior Member
    Join Date
    Jun 2004
    Posts
    10,964
    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.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.

Similar Threads

  1. How Do I Vacate A Stipulation settlement
    By potter3710 in forum Debt Collections
    Replies: 7
    Last Post: 11-19-2011, 11:08 PM
  2. Stipulation of Settlement Breached
    By Hazel40 in forum Civil Litigation
    Replies: 2
    Last Post: 03-26-2008, 08:28 PM
  3. Stipulation of Settlement Question
    By anyone99 in forum Debt Collections
    Replies: 12
    Last Post: 02-17-2008, 06:47 PM
  4. Settlement Stipulation
    By jdoggedit in forum Divorce, Separation & Annulment
    Replies: 8
    Last Post: 01-03-2007, 05:22 PM
  5. Stipulation settlement??
    By nookey in forum Child Custody & Visitation
    Replies: 0
    Last Post: 08-17-2001, 07:57 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.