Not following the decree...

[draygnmage]

I'm in Ohio.

In our decree, she was to have refinanced the house or sold it in 6 months. That deadline was up 4 months ago. The real estate market sucks in Ohio, that much I know. I already complied with the decree and signed a quit claim. What do I need to file with the courts to force her to either pay the mortgage (its 3-4 months behind now) or get my name off it?

Is there a way I can petition the courts to let me have the house since she is not keeping the mortgage up on it? I'll find renters and keep it if I can.

 

[moburkes]

I'm in Ohio.

In our decree, she was to have refinanced the house or sold it in 6 months. That deadline was up 4 months ago. The real estate market sucks in Ohio, that much I know. I already complied with the decree and signed a quit claim. What do I need to file with the courts to force her to either pay the mortgage (its 3-4 months behind now) or get my name off it?

Is there a way I can petition the courts to let me have the house since she is not keeping the mortgage up on it? I'll find renters and keep it if I can.

If she doesn't have the credit, which she is unlikely to have if she isn't paying the mortgage, she is unlikely to be able to finance the house. You can't force a sale. The decree should have stated that the house should be put up for sale, not that it is sold within 6 months. If it has not been put on the market, then you need to file for contempt.

 

[draygnmage]

Its on the market, and has been for over a year now. Its being offered at less than market value and no one is buying. The issue is that she won't rent it out. She's attempting a deed in lieu of foreclosure, but nothing is really happening with that right now. I make my living as a bill collector. I cannot have them pursue me for the balance. My stance is that if she doesn't want to make the payments, that's fine, but give me the house then so I can get it rented out and being paid again.

 

[moburkes]

Its on the market, and has been for over a year now. Its being offered at less than market value and no one is buying. The issue is that she won't rent it out. She's attempting a deed in lieu of foreclosure, but nothing is really happening with that right now. I make my living as a bill collector. I cannot have them pursue me for the balance. My stance is that if she doesn't want to make the payments, that's fine, but give me the house then so I can get it rented out and being paid again.

She has no legal obligation to give it to you - you don't own it.

 

[draygnmage]

So I can try to talk her into quit claiming it back to me or I can try to file bankruptcy just to get off the mortgage. That sucks.

 

[moburkes]

So I can try to talk her into quit claiming it back to me or I can try to file bankruptcy just to get off the mortgage. That sucks.

You agreed to this in the divorce. You also quit claimed a property when you were still on the mortgage.

 

[nextwife]

You should NEVER quit claim an interest while still liable for the mortgage. You SHOULD have insisted that no QC would be provided until the refi closing or sale closing was occurring.

Did you have an attorney? Did they not explain any of this "Mortgage 101" to you - that the lender still has the right to hold you responsible for the mortgage regardless of what you agree to in court? Also, that this open mortgage would negatively affect your credit score even if she were NOT in default, simply because it's out there as a debt obligation to you? And that refi isn't that straightforward, especially if the borrower has poor credit or non-qualifying income or there is minimal equity?

 

[moburkes]

He's a professional debt collector. He should know this stuff.