OP this is a [/I]super dumb deal...and even dumber in hindsight ..and whomever crafted it needs to take up a new line of work .....but that's not going to get anything solved .
SOme of your comments indicate you are lost in the forest ...and your EX is not entirely stupid as to practical matters . BUt lets take it from your version of the facts :
1. IF the order says he is not to be there without your permission, make sure any permission is extinguished and you order him out consistent with requirement s of your state and call police as to trespassing. ( they will likley try to blow you off as it's a civil matter ..but presence in violation of ccourt order may well be criminal too ) and proceed on the contempt of order line as well if he is not out.
2. If the order say deliver deed to you in 30 day..proceed on contempt line as well ..the judge may have several ways to get it done ..but you need to push the buttons and follow thru .
3. Generally speaking if it's impossible for you to get financing that's an affirmative defense as to your contempt but I'm skeptical that you can show you really made multiple bona ride applications and I'd suggest a solid current application too with honest financials never mind if you assume a turn down, do it. X has no good excuses to not perform as ordered. You probably have one ..but based on the stupid things going.on, you might be sure to have a fresh docuemented turn down.
4 . it's rather hard to sell something when you don't hold basic elements of ownership ..and few would buy a fractional interest or cloud with ex absent a super bargain price for your share , get it thru your head it's not your house ..not yet and you haven't acted to get that deed delivered ..and nobody will carry your water for you , not for free!
5 No clue from your post who is ordered to pay mortgage , and that's one starting point ..the other is the practical,point that lender is not a party to your fights and the mortgage needs to be paid . ANd absent anything in mortgage we are still in dark as to is on note and recording sequence s...generally Bank is in front of owner .but not always ...and it's not always clear who stands in line first to get burned if the mortgage doesn't get paid .
one logical economic view would be to freeze the pictue as of the day he was required to deliver the deed and require that you pay thereafter as if it was your own ,,,,but that has a major flaw ..he is still there so why is he not charged for everything until he is both out and deed delivered., freeze the pictue then ..and I'm only addressing economic issues not legal ones.. I think he is his own worst enemy as to his bungled steps ...but you are a close second at bungling when you could have and might still focus on his error re the order .
6 very frankly if you expect to salvage much out of this mess you best use a good lawyer.
6.1 Just as an aside just how much net equity do you estimate is in the home ?
6.2 I'm skeptical, are you positive you are not on the note?
6.3 Things may be so much in a hole that better Strategy is to not pay a dime and ride the ship until it sinks
and smile as you take the last lifeboat off. but you best have your facts right .
SOme of your comments indicate you are lost in the forest ...and your EX is not entirely stupid as to practical matters . BUt lets take it from your version of the facts :
1. IF the order says he is not to be there without your permission, make sure any permission is extinguished and you order him out consistent with requirement s of your state and call police as to trespassing. ( they will likley try to blow you off as it's a civil matter ..but presence in violation of ccourt order may well be criminal too ) and proceed on the contempt of order line as well if he is not out.
2. If the order say deliver deed to you in 30 day..proceed on contempt line as well ..the judge may have several ways to get it done ..but you need to push the buttons and follow thru .
3. Generally speaking if it's impossible for you to get financing that's an affirmative defense as to your contempt but I'm skeptical that you can show you really made multiple bona ride applications and I'd suggest a solid current application too with honest financials never mind if you assume a turn down, do it. X has no good excuses to not perform as ordered. You probably have one ..but based on the stupid things going.on, you might be sure to have a fresh docuemented turn down.
4 . it's rather hard to sell something when you don't hold basic elements of ownership ..and few would buy a fractional interest or cloud with ex absent a super bargain price for your share , get it thru your head it's not your house ..not yet and you haven't acted to get that deed delivered ..and nobody will carry your water for you , not for free!
5 No clue from your post who is ordered to pay mortgage , and that's one starting point ..the other is the practical,point that lender is not a party to your fights and the mortgage needs to be paid . ANd absent anything in mortgage we are still in dark as to is on note and recording sequence s...generally Bank is in front of owner .but not always ...and it's not always clear who stands in line first to get burned if the mortgage doesn't get paid .
one logical economic view would be to freeze the pictue as of the day he was required to deliver the deed and require that you pay thereafter as if it was your own ,,,,but that has a major flaw ..he is still there so why is he not charged for everything until he is both out and deed delivered., freeze the pictue then ..and I'm only addressing economic issues not legal ones.. I think he is his own worst enemy as to his bungled steps ...but you are a close second at bungling when you could have and might still focus on his error re the order .
6 very frankly if you expect to salvage much out of this mess you best use a good lawyer.
6.1 Just as an aside just how much net equity do you estimate is in the home ?
6.2 I'm skeptical, are you positive you are not on the note?
6.3 Things may be so much in a hole that better Strategy is to not pay a dime and ride the ship until it sinks
and smile as you take the last lifeboat off. but you best have your facts right .