What is the name of your state (only U.S. law)? Oklahoma
Divorce finalized in 2010. Ex was awarded the marital residence and was to refinance the property within 90 days. No attempt was made to sell, refinance. etc. Last summer I begin receiving notices the house is being foreclosed (payments were not made entire year of 2011). Ex obtains a job 9 hours away, moves in the middle of the night. That week, I move back into the house and begin working with the bank to modify the loan. Ex calls the bank frequently to tell them to make me "move out of his house" "it's my house not hers" "I won the house in the divorce" etc. although no effort has been made to make mortgage payments or work with the bank to modify the loan.
I filed a motion to modify the decree; he refused to sign off on it. He also refused to sign the QCD because "I don't deserve the house". The judge signed a default judgment this week, modifying the decree to award the marital residence to me. It was filed with county land records as well. Despite this, Bank of America says they cannot proceed with the file unless he signs off on the QCD. I've sent him an email requesting his and current wife's signature which he has ignored.
There are protective orders in place, this has been an extremely high conflict divorce. Judges have ordered him out of the court room, he has failed to appear in court, he's a year in arrear with c/s with a warrant for his arrest, he has "fired" the court appointed parent coordinator and family therapist, he got in a fist fight with his first attorney - in other words, he cannot be reasoned with.
It's been very frustrating as I've worked diligently with the bank, been in complete communication and cooperation, and while I understand their stance, there has to be a way around this. What can my next step be? I am working pro se as I'm a single mom with four children still in the home, and my money is very tight. Can I file a Motion to Compel, or can I amend the decree again to include language about the QCD? He won't sign off just because a judge orders him to, and with the 9 hour distance involved and warrants for his arrest in this state, it's highly unlikely he will appear in court. I have warded off two sheriff's sales to date but don't know how long my luck will last. I can't be the only person in this situation, but according to the Bank they will close my file without a signed QCD ... please help.
Divorce finalized in 2010. Ex was awarded the marital residence and was to refinance the property within 90 days. No attempt was made to sell, refinance. etc. Last summer I begin receiving notices the house is being foreclosed (payments were not made entire year of 2011). Ex obtains a job 9 hours away, moves in the middle of the night. That week, I move back into the house and begin working with the bank to modify the loan. Ex calls the bank frequently to tell them to make me "move out of his house" "it's my house not hers" "I won the house in the divorce" etc. although no effort has been made to make mortgage payments or work with the bank to modify the loan.
I filed a motion to modify the decree; he refused to sign off on it. He also refused to sign the QCD because "I don't deserve the house". The judge signed a default judgment this week, modifying the decree to award the marital residence to me. It was filed with county land records as well. Despite this, Bank of America says they cannot proceed with the file unless he signs off on the QCD. I've sent him an email requesting his and current wife's signature which he has ignored.
There are protective orders in place, this has been an extremely high conflict divorce. Judges have ordered him out of the court room, he has failed to appear in court, he's a year in arrear with c/s with a warrant for his arrest, he has "fired" the court appointed parent coordinator and family therapist, he got in a fist fight with his first attorney - in other words, he cannot be reasoned with.
It's been very frustrating as I've worked diligently with the bank, been in complete communication and cooperation, and while I understand their stance, there has to be a way around this. What can my next step be? I am working pro se as I'm a single mom with four children still in the home, and my money is very tight. Can I file a Motion to Compel, or can I amend the decree again to include language about the QCD? He won't sign off just because a judge orders him to, and with the 9 hour distance involved and warrants for his arrest in this state, it's highly unlikely he will appear in court. I have warded off two sheriff's sales to date but don't know how long my luck will last. I can't be the only person in this situation, but according to the Bank they will close my file without a signed QCD ... please help.