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Ex is late (again) with the house payment

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H

happynow

Guest
What is the name of your state? Indiana.
My ex-wife got the house in our divorse last year. It was ordered in our decree that she refinance "as soon as she is able to". Yes, I know I screwed up and didn't fight for a time limit.
My name is still on the loan, and will be untill she does refinance. My problem is, she is 90 days behind in the payment. I know this is affecting my credit, but what happens if she gets forclosed on? Do I have the right to pay the back payments and tell her to hit the road?
 


JETX

Senior Member
"My name is still on the loan, and will be untill she does refinance. My problem is, she is 90 days behind in the payment. I know this is affecting my credit, but what happens if she gets forclosed on?"
*** If 'she' gets foreclosed on, so do you. Until such time as your name is removed from the mortgage, you are both in the same boat. And if it sinks, both of you could drown.

"Do I have the right to pay the back payments and tell her to hit the road?"
*** No. Your divorce decree dictates the ONLY rights you have on the property.

A couple of random thoughts.....
1) Make the payments to protect your credit. Then, you can take her to court (new or the original family court) and get a judgment against her for your damages (the amount you pay in her behalf).
2) Depending on how much time has passed, you might consider returning to the original family court and asking for a modification to set a time limit or to force her selling the property (to remove your obligation). While there, you might consider a 'Contempt of Court' for her not making the ordered payments.
 

HomeGuru

Senior Member
I agree with JETX and will add the following for clarification purposes: even though in the divorce decree, the property was awarded to your ex-wife, you still have an interest in the property by way of you being a mortgagor. Therefore you have the right to pay the mortgage to protect your credit and mitigate further damages. Lenders do not recognize divorce decrees and only recognize the mortgagors of record who signed the mortgage and note.
 
H

happynow

Guest
Thanks guys,
JETX,
You said depending on how much time has passed, It's been almost 2 years, is that too long of a time to try for a modification?
 

JETX

Senior Member
"You said depending on how much time has passed, It's been almost 2 years, is that too long of a time to try for a modification?"
*** I was really asking as to the amount of time if it were not long enough (say only a few months from the divorce, the ex could say she simply didn't have enough time for the process). In this case, two years should have been plenty of time for her to make any REASONABLE effort to refinance.
 

HomeGuru

Senior Member
I agree, yet the decree language of "as soon as she is able to" is very loose. And based on the mortgage payments being so far in arrears, it is highly unlikely that she is currently able to refinance.
 
H

happynow

Guest
Wherein lies my problem. If, and I know it's a big if, but if I do take her back for a modification, could I be givin the house, being that she is so far behind and dosen't seam to be able to afford the house?
Thanks again
 

HomeGuru

Senior Member
No. The court will adjudicate that the property be sold. And the word is therein not wherein. Wherein is used by "wherewolves" in legal speak.
 
H

happynow

Guest
My bad......I am truely sorry, and promise not to bark at the moon anymore.
If the property is to be sold, would she have to split the profits with me, or will she pocket it all?
 

HomeGuru

Senior Member
She gets it all per the divorce decree less your expenses ie. the amounts that you had to pay to keep the mortgage current, insurance, real property taxes, repairs etc. to avoid loan default.
 
H

happynow

Guest
Thanks again for the replies.........seams like she's sc@#wing me more after the divorce than when we were married!!
 
S

shaneyd

Guest
similar housing situation - regarding refinancing

Live in Indiana

currently serperated
my husband would like to not be on the home's mortgage after our divorce is final. We are not going to court as all of dealings together have been (somewhat) civil and organized . We have mediated and made desicions. 1. I keep the house.
My income is higher than my husband's and my credit score is better as well.
I cannot refinance the house in my name at this time, as they would not approve me. if we were to go to court and get a court order, could the mortgage company be forced to re-finance soley in my name or would they disregard any court order? i would prefer to re-fincance as to free my X of this liability.
i do not want to sell the house ...but it is starting to look like that is the only way to get his name off of the mortgage.
help!!!!!
 

HomeGuru

Senior Member
Re: similar housing situation - regarding refinancing

shaneyd said:
Live in Indiana

currently serperated
my husband would like to not be on the home's mortgage after our divorce is final. We are not going to court as all of dealings together have been (somewhat) civil and organized . We have mediated and made desicions. 1. I keep the house.
My income is higher than my husband's and my credit score is better as well.
I cannot refinance the house in my name at this time, as they would not approve me. if we were to go to court and get a court order, could the mortgage company be forced to re-finance soley in my name or would they disregard any court order? i would prefer to re-fincance as to free my X of this liability.
i do not want to sell the house ...but it is starting to look like that is the only way to get his name off of the mortgage.
help!!!!!
**A: please post a new thread as this one is taken already.
 

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