ex is not following divorce decree

[georgiamale]

What is the name of your state (only U.S. law)? Georgia
I got divorced 7 years ago. My ex got the house.

Now 7 years later, I just found out that she declared chapter 7 bankruptcy in June of 2010. She never refinanced and my name is still on the primary loan for the property. There is no equity left in the house. She took out a new second mortgage and owns more than the house is worth.

Per the divorce decree:
Plaintiff shall be responsible for and pay the first and second mortgage associated there within a timely manner. Plaintiff shall hold harmless and indemnify Defendant for her failure to pay. Further, Defendant shall execute necessary documents to vest Plaintiff with fee simple title to said property.

She let the original mortgage get 3 months behind. Since the original mortgage is still in my name this was going to ruin my credit rating. I had threaten filing for contempt to get her to finally get the loan current.
Checked the court transcripts and found that the judge had ordered that the document to vest Plaintiff with fee simple title to said property was supposed to contain a provision whereby Plaintiff shall hold harmless and indemnify Defendant for her failure to pay the loan. The quick claim deed did not contain this provision but the divorce decree does contain it. Does this make any difference? Am I stuck having to monitor the loan each month to make sure she pays it?

 

[LdiJ]

What is the name of your state (only U.S. law)? Georgia
I got divorced 7 years ago. My ex got the house.

Now 7 years later, I just found out that she declared chapter 7 bankruptcy in June of 2010. She never refinanced and my name is still on the primary loan for the property. There is no equity left in the house. She took out a new second mortgage and owns more than the house is worth.

Per the divorce decree:
Plaintiff shall be responsible for and pay the first and second mortgage associated there within a timely manner. Plaintiff shall hold harmless and indemnify Defendant for her failure to pay. Further, Defendant shall execute necessary documents to vest Plaintiff with fee simple title to said property.

She let the original mortgage get 3 months behind. Since the original mortgage is still in my name this was going to ruin my credit rating. I had threaten filing for contempt to get her to finally get the loan current.
Checked the court transcripts and found that the judge had ordered that the document to vest Plaintiff with fee simple title to said property was supposed to contain a provision whereby Plaintiff shall hold harmless and indemnify Defendant for her failure to pay the loan. The quick claim deed did not contain this provision but the divorce decree does contain it. Does this make any difference? Am I stuck having to monitor the loan each month to make sure she pays it?

Sorry, but yes, you are pretty much stuck with having to do that. Unfortunately your divorce decree should have required her to refinance the loan out of your name.

You can file for contempt if she doesn't keep the payments current, but that's about all you can do. Obviously its going to be a long time before she would qualify for any refinance.

 

[georgiamale]

Sorry, but yes, you are pretty much stuck with having to do that. Unfortunately your divorce decree should have required her to refinance the loan out of your name.

Can I file a complaint with the Georgia bar on my attorney? Can I get a refund for the lousy job he did?

 

[mistoffolees]

Can I file a complaint with the Georgia bar on my attorney? Can I get a refund for the lousy job he did?

Probably not. There's a difference between making a mistake and being grossly negligent.

 

[Bali Hai]

Probably not. There's a difference between making a mistake and being grossly negligent.

You consider ruining a clients financial life for probably the next 30 years a mistake and not grossly negligent? Talk about delusional!

 

[Proserpina]

You consider ruining a clients financial life for probably the next 30 years a mistake and not grossly negligent? Talk about delusional!

Of course you've read the entire case and know the exact details, correct? And are obviously privy to information we don't have?

Didn't think so.

Misto's post was absolutely accurate, based upon what we actually do know.

Now, if you have the case details handy, by all means feel free to post 'em and/or correct us.

We're always glad to learn!

And really? You should keep your anti-misto agenda off the boards. It's really, really boring.

 

[Bali Hai]

Of course you've read the entire case and know the exact details, correct? And are obviously privy to information we don't have?

Didn't think so.

Misto's post was absolutely accurate, based upon what we actually do know.

Now, if you have the case details handy, by all means feel free to post 'em and/or correct us.

We're always glad to learn!

And really? You should keep your anti-misto agenda off the boards. It's really, really boring.

Who is we/us? You gotta a mouse in your pocket??

I didn't realize giving misto a taste of his own medicine would cause such an uproar!

 

[LdiJ]

Who is we/us? You gotta a mouse in your pocket??

I didn't realize giving misto a taste of his own medicine would cause such an uproar!

It causes an uproar any time any member does what you are doing. You aren't the first person to be chastised for it and you won't be the last.

 

[Bali Hai]

It causes an uproar any time any member does what you are doing. You aren't the first person to be chastised for it and you won't be the last.

Well look who got up on the wrong side of the bed!

What am I doing, and how can I improve my contributions?