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very sticky situation

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What is the name of your state (only U.S. law)? oregon
I am divorcing
my soon to be ex wifes mother holds the trust deed on the property that I am residing in
my wife lives with her mother
my present mother in law has threatened demand for payment in full if I am ever even one payment late
The loan agreement says a 5% penalty will be imposed if payments aren't recieved by the 15th of each month.

can she do a demand for payment in full?

If for some reason she ended up foreclosing , isn't her daughter (my wife) also responsible for the mortgage financialy? both our names are on the loan agreement
I presently send the payment on time via certified signiature reciept mail every month and I copy everything.

What kind of problems can come of her threats and where do I stand as far as my rights involved with this mortgage now turned vendeta?
 


cyjeff

Senior Member
You are bound, legally, by the document you signed.

A contract binds both parties to action.

Now, why you would want to stay in a home where your ex MIL is your landlord is beyond me.

I would welcome a cardboard box on a heating grate over that.
 
so if I leave and do not pay my mortgage she stands to destroy my credit history
and I lose my equity of 8 years and everything else i poured my heart into.
Technicaly you have a point I am seeking legal advice however, not prideful shows. If she was a "landlord" of a rental I would have left long ago
if i didn't have animals that are dear to me that i can't easily move, I would become the "box-car Willy" you describe.
Can someone just answer the question I asked please.
 
Last edited:

Just Blue

Senior Member
so if I leave and do not pay my mortgage she stands to destroy my credit history******************************************....and I lose my equity of 8 years******************************************....and everything else i poured my heart into.
Technicaly you have a point******************************************......I am seeking legal advice however, not prideful shows. If she a "landlord" of a rental I would have left long ago****************************......if i didn't have animals that are dear to me that i can't easily move, I would become the "box-car Willy" you describe.
Can someone just answer the question I asked please.
Not until you edit out the ******************************** in your post. It's incredibly rude!
 

Ozark_Sophist

Senior Member
Who drafted the loan agreement? Your question is specific to the terms of the agreement. I would recommend reviewing the agreement with a local real estate attorney.

Is the 5% penalty on the priniciple, payment, or what?
 
baystategirl,
for what it is worth, I typed in periods for spacing and for whatever reason they come up as astericks....



I am truly sorry this offended you
 

mtpockets

Member
proof of payment

Most banks offer online bill paying with the ability to schedule automatic payments in advance. You may want to consider using this feature. The payments would be made on time, and the bank's records of your transactions would be independent verification of when payments were mailed to your former mother-in-law.
 
I already went down the auto bank payment routine******************************************....the first time a payment was sent she said she didn't recieve it and i had to get the darn thing canceled and write her another check and send it certified. It was a few days late and she sent it back refusing it and demanded penaltys or payment in full.

i believe i might ask this question agqain in a different way:
what are my rights against the harrasment from her because she is miffed about our divorce?

can she demand payment in full for only one late payment and thus forcing foreclosure?


The only thing the contract says is penalty after 15 days and that is all it says
 

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