F
fa97
Guest
Every attempt to get legal advice online begins with "Which State?"... Well, that's my question. I haven't even determined for certain I want to pursue this case, but if I do, I'm not sure where I would be required to file. The basics are:
- A couple divorces in the state of Pennsylvania and go their separate ways.... him to Delaware, her to New Jersey.
- A property they owned together that is located in North Carolina does not sell right away.
- For over a year, the couple continued to split the mortgage payment (both were on the mortgage).
- After some time, the woman stops paying her half of the mortgage and is willing to allow the bank to foreclose (they nearly began to)
- The man is not at ALL willing to allow a foreclosure. To avoid this, he brings the account up to speed (at significant personal expense), and refinances the mortgage on his own (incurring loan cancellation and closing costs). The woman does a quit claim deed. The property is now his responsibility/asset alone.
- The woman had agreed, primarily through email, to pay the man what she had owed prior to relinquishing the property, plus part of the closing costs. After all, the man had helped her avoid foreclosure on her credit.
- Unfortunately, the only nature of this agreement is via email (his mistake, obviously, but it's too late). She has repeatedly balked at paying. The man is considering small claims court.
- Currently, the man lives in Delaware and the woman lives in New Jersey. As said above, the property is in North Carolina.
- So, any off-the-cuff thoughts on if this is a valid case? Or would a judge likely consider the equity she gave up through the QCD to be payment towards her debt to him? And, if it is worth considering, WHERE should the man file... NC, DE, or NJ??
Many thanks,
Carlos
- A couple divorces in the state of Pennsylvania and go their separate ways.... him to Delaware, her to New Jersey.
- A property they owned together that is located in North Carolina does not sell right away.
- For over a year, the couple continued to split the mortgage payment (both were on the mortgage).
- After some time, the woman stops paying her half of the mortgage and is willing to allow the bank to foreclose (they nearly began to)
- The man is not at ALL willing to allow a foreclosure. To avoid this, he brings the account up to speed (at significant personal expense), and refinances the mortgage on his own (incurring loan cancellation and closing costs). The woman does a quit claim deed. The property is now his responsibility/asset alone.
- The woman had agreed, primarily through email, to pay the man what she had owed prior to relinquishing the property, plus part of the closing costs. After all, the man had helped her avoid foreclosure on her credit.
- Unfortunately, the only nature of this agreement is via email (his mistake, obviously, but it's too late). She has repeatedly balked at paying. The man is considering small claims court.
- Currently, the man lives in Delaware and the woman lives in New Jersey. As said above, the property is in North Carolina.
- So, any off-the-cuff thoughts on if this is a valid case? Or would a judge likely consider the equity she gave up through the QCD to be payment towards her debt to him? And, if it is worth considering, WHERE should the man file... NC, DE, or NJ??
Many thanks,
Carlos