When is it ever over?

[wolfthing2000]

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


Long drawn out divorce. The judge signed the final judgement for divorce and division of property last April. Her attorney was disbarred shortly thereafter. She got half of the retirement 401k recently and has hired another attorney who claims she didn't get good fair representation from previous attorney and that I need to give even more or they will go back to have judgement set aside.
I am busted broke and my attorney wants big money to proceed if they call a hearing**************......I can't pay any more and owe a lot now.

What might happen in this situation????

 

[mistoffolees]

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


Long drawn out divorce. The judge signed the final judgement for divorce and division of property last April. Her attorney was disbarred shortly thereafter. She got half of the retirement 401k recently and has hired another attorney who claims she didn't get good fair representation from previous attorney and that I need to give even more or they will go back to have judgement set aside.
I am busted broke and my attorney wants big money to proceed if they call a hearing**************......I can't pay any more and owe a lot now.

What might happen in this situation????

All sorts of things MIGHT happen, but it's unlikely that she's going to be able to convince a judge to reopen it unless there's something you're not telling.

Unfortunately, in our system, anyone can sue for anything at nearly any time. It is then up to you to decide whether to roll over and play dead or fight it. If you hire an attorney to fight it and if it's determined to be frivolous, you can ask to be reimbursed for your legal expenses.

However, keep in mind that people can make threats fairly easily. In order to actually go back to court, she has to convince her attorney to proceed and be willing to pay him to do so. If her attorney tells her she has no chance of winning, she may drop the matter at that point.

 

[LdiJ]

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


Long drawn out divorce. The judge signed the final judgement for divorce and division of property last April. Her attorney was disbarred shortly thereafter. She got half of the retirement 401k recently and has hired another attorney who claims she didn't get good fair representation from previous attorney and that I need to give even more or they will go back to have judgement set aside.
I am busted broke and my attorney wants big money to proceed if they call a hearing**************......I can't pay any more and owe a lot now.

What might happen in this situation????

What specifically does she want?

 

[Bali Hai]

What specifically does she want?

Everything she's entitled to and more if she can bluff it out of him!!

 

[wolfthing2000]

the core of it

Her mother holds the mortgage title on the residence property that I was awarded exclusive use of by the judge since she left. For years when we were married during arguments she would threaten to change the locks on me and I would be kicked out.
Anyway she was ordered to pay that mortgage to keep it from foreclosure. I was ordered to pay 2 other mortgages on bare land property that are considerably higher and keep them from foreclosure. That order was in a hearing over a year ago. I live in the residence property and have for the last 2 years since she left. I have fulfilled all obligations from the judges order.
Her mother hired a foreclosure attorney and a demand was put on me for payment in full or they would foreclose.
My ex's attorney said that if I leave and let her live there they will not foreclose. If I don't they want to go back to court.

 

[mistoffolees]

Her mother holds the mortgage title on the residence property that I was awarded exclusive use of by the judge since she left. For years when we were married during arguments she would threaten to change the locks on me and I would be kicked out.
Anyway she was ordered to pay that mortgage to keep it from foreclosure. I was ordered to pay 2 other mortgages on bare land property that are considerably higher and keep them from foreclosure. That order was in a hearing over a year ago. I live in the residence property and have for the last 2 years since she left. I have fulfilled all obligations from the judges order.
Her mother hired a foreclosure attorney and a demand was put on me for payment in full or they would foreclose.
My ex's attorney said that if I leave and let her live there they will not foreclose. If I don't they want to go back to court.

OK, she was ordered to pay the mortgage and didn't do so.

You have a couple of choices:
1. Move out of the house (get an agreement from the mother relieving you of all liability first)
2. Pay the mortgage to get it up to date and then go back to court to collect the money from her. She can't simply choose to ignore a court order simply because she doesn't like it.

Oh, and btw, whose name is on the mortgage? Did you sign an official mortgage document? If so and if both of your names are on it, the mother can't choose to foreclose on you without going after your ex, as well.

 

[wolfthing2000]

both on mortgage

yes she is foreclosing on both. She would never relieve me of the debt. I am looking to move but with other mortgages I have no extra money to rent elsewhere.
What it comes down to is that it will foreclose and I am forced into default on my responsibilitys because I have to rent something to live in. I couldn't get any money out of her. She works part time and draws social security.

 

[wolfthing2000]

The ex mother in law is demanding 92,000 dollars payed in full.

Has all of the indications of aranged foreclosure.
I have no money to pay up my attorney. He could drop me.

 

[mistoffolees]

The ex mother in law is demanding 92,000 dollars payed in full.

Has all of the indications of aranged foreclosure.
I have no money to pay up my attorney. He could drop me.

A couple of questions:

1. What is the value of the home?

2. What is the total current mortgage balance?

3. What is the amount of the mortgage which is in arrears?

4. She was ordered to pay the mortgage. For how long?


It's probably 'pay me now or pay me later'. Without an attorney, you're going to be facing a $92 K bill. Since your ex doesn't have the means to pay it, you're going to be stuck with it.

You can get an attorney and fight it, but that's not going to relieve you of your debt. You still owe the money - you can try to collect it from her to satisfy the court order, but that may not happen.

Alternatively, you could give in and walk away and let them have the property - but insist in a release of all obligations first.

If you don't have money for rent, you're in a bind, but you're really no better off now - you don't have money to pay the mortgage, either. You really need to find a way to support yourself, either way.

 

[wolfthing2000]

explanation

A couple of questions:

1. What is the value of the home?

2. What is the total current mortgage balance?

3. What is the amount of the mortgage which is in arrears?

4. She was ordered to pay the mortgage. For how long?


It's probably 'pay me now or pay me later'. Without an attorney, you're going to be facing a $92 K bill. Since your ex doesn't have the means to pay it, you're going to be stuck with it.

You can get an attorney and fight it, but that's not going to relieve you of your debt. You still owe the money - you can try to collect it from her to satisfy the court order, but that may not happen.

Alternatively, you could give in and walk away and let them have the property - but insist in a release of all obligations first.

If you don't have money for rent, you're in a bind, but you're really no better off now - you don't have money to pay the mortgage, either. You really need to find a way to support yourself, either way.

1. Appraised at 187k currently reduced to 167 and dropping. Bad market.

2. Mortgage balance is 92K

3. Mortgage in arrears 665.00 a month times 12 months that she hasn't payed plus interes and penaltys.

4. She was and the order reads: " Keep property from foreclosure"

There was a modified title payment agreement written up by a title company that her and her mother signed for payments of 150 per month to cover interest. They both signed and I have a notarized copy. When I was to go in to the title company to sign, the mother in law called and backed out. this was last May.

The foreclosure attorney says no payments were ever made since last November when she was ordered to take the responsibility and I stopped paying the mother in law at that time.
I am moving out and renting a new place and throwing myself to the courts mercy when the day comes. This thing is a total loss and I have no way out but to just try and exist.

she would be in contempt and it can be proven this is an arranged foreclosure and they won't foreclose if I move out (coeersion?)

 

[mistoffolees]

1. Appraised at 187k currently reduced to 167 and dropping. Bad market.

2. Mortgage balance is 92K

3. Mortgage in arrears 665.00 a month times 12 months that she hasn't payed plus interes and penaltys.

4. She was and the order reads: " Keep property from foreclosure"

There was a modified title payment agreement written up by a title company that her and her mother signed for payments of 150 per month to cover interest. They both signed and I have a notarized copy. When I was to go in to the title company to sign, the mother in law called and backed out. this was last May.

The foreclosure attorney says no payments were ever made since last November when she was ordered to take the responsibility and I stopped paying the mother in law at that time.
I am moving out and renting a new place and throwing myself to the courts mercy when the day comes. This thing is a total loss and I have no way out but to just try and exist.

she would be in contempt and it can be proven this is an arranged foreclosure and they won't foreclose if I move out (coeersion?)

How long did it say that she had to keep it out of foreclosure? Again, I would be surprised if she was expected to pay it indefinitely. Please write EXACTLY what the decree says wrt the house.

Basically, you're going to have a hard time with contempt if you move out. If you move out, they don't foreclose and you can't prove that they failed to keep it out of foreclosure.

If you wait until it has been foreclosed upon, then you might have grounds for contempt, but what would you get in damages? You lived in the house rent-free for a year. If the agreement says that she's supposed to provide you rent-free lodging for eternity, you'd have a better position, but I'd be surprised if it says that.

What does it say wrt the division of the equity in the home?

 

[wolfthing2000]

" respondent shall keep the residence property from foreclosure until it sells. " the judge knows her mom holds the paper and she was ordered to keep it out of foreclosure.
Her attorney said if she is allowed back here they won't foreclose. If I don't comply they will foreclose. Sounds like an arranged foreclosure to me.

Call it rent free if you like**************...I was the primary income provider in the relationship for 10 years and worked ungodly amounts of overtime to pay these mortgages. I know none of that matters.
It was a dual income situation and the judge knows the only way is his decision. Otherwise all of the mortgages can't be payed.

And it doesn't matter if she is in contempt or not. The ex mother in law can foreclose and i need a place to live.

What would they do? Put her in jail and me too if I can't continue paying the other mortgages???

 

[wolfthing2000]

How did it come to be?

You might ask . How did it come to be that she was ordered to pay the mortgage and I was ordered exclusive use of the property?

2 years ago she threatened my life with a firearm. I couldn't have her arrested for brandishing a firearm since there was no witness. The police said I could request a restraining order which I was granted. If she would have shot me they could have arrested her. |I had already filed for divorce at that time. she was served restraining order and left. 2 weeks later she got a restraining order on me in retaliation.

call it want you want**************.....I am flat broke and deep in debt and probably facing this without means to continue paying my attorney. I have already ran a bill up close to 30k and owe about 10k now.

 

[LdiJ]

" respondent shall keep the residence property from foreclosure until it sells. " the judge knows her mom holds the paper and she was ordered to keep it out of foreclosure.
Her attorney said if she is allowed back here they won't foreclose. If I don't comply they will foreclose. Sounds like an arranged foreclosure to me.

Call it rent free if you like**************...I was the primary income provider in the relationship for 10 years and worked ungodly amounts of overtime to pay these mortgages. I know none of that matters.
It was a dual income situation and the judge knows the only way is his decision. Otherwise all of the mortgages can't be payed.

And it doesn't matter if she is in contempt or not. The ex mother in law can foreclose and i need a place to live.

What would they do? Put her in jail and me too if I can't continue paying the other mortgages???

In a way, I really cannot blame your ex mother in law. Its likely that she has a mortgage on the property that she has to pay, and if her daughter cannot pay her, (perhaps because her daughter has to pay rent...same problem as you) she is probably in a financial bind herself.

 

[mistoffolees]

" respondent shall keep the residence property from foreclosure until it sells. " the judge knows her mom holds the paper and she was ordered to keep it out of foreclosure.

Has she made any efforts to sell the house?

Are you entitled to any portion of the equity in the home?

If you're not entitled to any of the equity (and it doesn't seem likely that you would be), then you may be better of to just walk away. If you're entitled to some of the equity and they haven't sold it, then I would file for contempt on that basis - although you might have to wait until they actually foreclose.