Second Mortgage and contempt of court

[wistcoach]

What is the name of your state (only U.S. law)? Georgia
Okay, any info will help with issues at hand
Been divorced now for over 3 years. Remarried. Final decree gave house and 1st mortgage to my ex wife-which she pays most of time on time. Second mortgage was given to me to handle. Deeded house over to ex wife; but I am still liable for second mortgage. Both of our names are on both mortgages. I lost my job during the divorce, been fighting tooth and nail to stay on feet. Ex wife gets $800.00 month plus $100.00 in arrears due to loss of job. She makes roughly 75k year to my 10k to 15k. I cannot afford paying child support plus second mortgage. Second has not been paid now in 2 years. I have called company numerous times to work out something; mortgage company or bank got bought out; new bank couldnt find our file; and now they send a letter to my ex wife demanding payment(full) on loan. I believe she has been talking to them and had loan papers sent to her instead of myself. She is always texting to me if I have heard from the bank. My reply is no and I have not recieved anything from them at all. We have no communication; by her standards(as she has stated that she will not communicate with me ever. If I am correct; our final decree; she is to communicate with any matters that involves the children and living matters. I have a 20 and 14 year olds. Am I in contempt? she text me saying she was gonna put me in jail. Cant squeeze a turnip any more. My $800.. amonth plus her $75k is quite a living here in Savannh ga
THanks for any response

 

[justalayman]

Am I in contempt?

it is up to the court to actually make that call but yes, your actions could allow a contempt charge. You were ordered to pay the second mortgage and you haven't. That is a violation of the court order which means you can be held in contempt.



beyond that, you could be liable to your ex for expenses and problems incurred due to your failure to pay the 2nd. If she pays it, she surely has a valid claim against you to pay her.

 

[nextwife]

it is up to the court to actually make that call but yes, your actions could allow a contempt charge. You were ordered to pay the second mortgage and you haven't. That is a violation of the court order which means you can be held in contempt.



beyond that, you could be liable to your ex for expenses and problems incurred due to your failure to pay the 2nd. If she pays it, she surely has a valid claim against you to pay her.

Personally, I don't get having a party not in title responsible for payments on a secured debt. If you or I have problems paying our mortgage, we have options as the owner: bring in a roommate or two to the property to try to cover the mortgages, consolidate the debts into a single loasn, do a short sale. A party not in title has no ability to work with options for a debt secured by property in which they have no interest. THis also puts the lender in the middle of the borrowers agreements between themselves. The lender should be paid by one or the other regardless of their own agreeements between themselves.

 

[justalayman]

Personally, I don't get having a party not in title responsible for payments on a secured debt..

and that is exactly why I, and I believe you as well, have recommended not relinquishing one's claim to title in situations such as this until they are also relieved of any financial obligation as well.

 

[ecmst12]

Why did you not file to modify your child support as soon as you lost your job?

 

[wistcoach]

In georgia, you cannot modify unless 3 years have passed. I have just now got the paperwork to do the modification. I have contact mortgage company this week numerous times with no reply to the so called letters that have been sent to my ex wife. I have not recieved any copies or anything. Just constant harrassing text messages. Ex will not communicate with me at all. Redicu.
Also, I was getting all info on second mortgage until last year. I believe my ex has been in contact with them and is not telling me. She should be in contempt just for not communicating with me over the second mortgage issues.
Considering my ex an her amount of money she makes and what she gets in child support;
Thanks for the responses
I have had a great deal of issues with ex wife and her own basically child contempt issues. Drama!

 

[SESmama]

In georgia, you cannot modify unless 3 years have passed.

So completely untrue. Check e.2

http://rules.sos.state.ga.us/docs/290/7/1/06.pdf

 

[wistcoach]

I will go back and check, but paperwork just got from state for modification, says at top of page Cannot modify unless 3 years
Gonna do it anyway, I am at 3 years now

 

[stealth2]

Generally speaking, there is a requirement for some time to pass before filing for a modification. HOWEVER, there is also generally a provision that a modification can be requested if circumstances change drastically. As in - job loss.

Speaking of which - what was the nature of the job loss? Quit, fired, laid off?

 

[wistcoach]

Recent company I was working for, Sold business and I was basically out of manager job. Fitness business
Now working on going back into business myself just because of the job network is so bad and im 48. Not easy for business owner executives to get jobs today.
My bottom line is that I cannot afford child support at 800.00 month and handle a second mortgage too; still have 4 years on my youngest child. Oldest is in college

 

[Bali Hai]

Recent company I was working for, Sold business and I was basically out of manager job. Fitness business
Now working on going back into business myself just because of the job network is so bad and im 48. Not easy for business owner executives to get jobs today.
My bottom line is that I cannot afford child support at 800.00 month and handle a second mortgage too; still have 4 years on my youngest child. Oldest is in college

How did she get out of paying you alimony?

 

[nextwife]

How did she get out of paying you alimony?

A very good question, as this was apparently a long term marriage.

 

[wistcoach]

A very good question, as this was apparently a long term marriage.

Yes, it was 18 years.
Not sure on why the alimony. But I have not recoverd yet from the divorce decree. She wiil retire from education dept soon, with
Million in retirement. Plus I have the 4 years on child support of my last child. Would love to pay her in full; but getting a loan is out of the question. I did chapter 7 , 2 years ago. Second mortgage called yesterday to inform me that I was not liable to them because of Bankruptsy; but I know she will use contempt on me for not being able to cover the payments

 

[ecmst12]

I would guess he didn't ask for any.

Did you have a lawyer? You should have been entitled to half her retirement funds accrued during the marriage too (and she to half of yours, if you had any).

 

[Bali Hai]

Yes, it was 18 years.
Not sure on why the alimony. But I have not recoverd yet from the divorce decree. She wiil retire from education dept soon, with
Million in retirement. Plus I have the 4 years on child support of my last child. Would love to pay her in full; but getting a loan is out of the question. I did chapter 7 , 2 years ago. Second mortgage called yesterday to inform me that I was not liable to them because of Bankruptsy; but I know she will use contempt on me for not being able to cover the payments

Sounds like you were raked over the coals. This is unconscionable, against public policy and should not be allowed.