Do I have to sign laon modification after agreeing in divorce decree?

[tryn2moveon]

What is the name of your state (only U.S. law)? New York

I agreed to my divorce decree but have been under major duress and bullied by my own attorney during this whole process. The last order of business is for me to sign loan modification. However, ex is not claiming property that he owns through inheritance even though it is requesting he do so, ex is also claiming he is making double what he was making 6 months ago, claiming he is not on social services but I know he was just 6 months ago. In addition he is claiming rent on the modification from an illegal apartment. He is also over 40,000 dollars in the rears. I am worried that he will default and ruin my credit when I get reestablished, as he has already ruined it now. I am also worried about signing fraudulent documentation as I have been told it is a federal offense. I do not want my kids to lose their home but I have sacrificed so much already and I don't want to put myself in another rotten position. I am trying to get myself in a position to regain custody of my kids. I signed a custody agreement for joint legal custody but giving him residential legal custody because he was ruining us financially and letting the house go into foreclosure. As soon as I signed this he sure enough initiated the modification process. My kids have been through enough. My lawyer told me to make this agreement and then go back in when I am on my feet and prove to the court that I can take better care of them than he can. We have joint custody. He has legal residential custody. Although he has legal residential custody, the kids have many overnights with me, a very crazy schedule but I am doing what I can to keep it. Can the judge order me to sign this document, will the judge just give him the home and is it too late to renegotiate the settlement? Any advice would really be helpful. My attorney is telling me to sign and that there is no point in putting off what has to be done. Any advice would be greatly appreciated. Thanks.

 

[justalayman]

. I am also worried about signing fraudulent documentation as I have been told it is a federal offense.

yes, that is a bad thing. If you know for a fact or have a reasonable belief there are false statements, obviously you should not sign anything where your signature would be a testimonial as to the accuracy of the statements.

Can the judge order me to sign this document,

if this is within the divorce agreement, while he cannot make you sign it, he can charge you with contempt if you refuse. Obviously, your defense would be the claim there are false statements on the document and you refuse to attest to the validity of the claims contained therein.

 

[Ohiogal]

What is the name of your state (only U.S. law)? New York

I agreed to my divorce decree but have been under major duress and bullied by my own attorney during this whole process.

That excuse is NOT going to fly. The divorce decree is a COURT ORDER. You can be found in contempt if you don't follow through. What is the exact wording (redact the names) of the decree.

The last order of business is for me to sign loan modification.

You have to sign the loan modification.

However, ex is not claiming property that he owns through inheritance even though it is requesting he do so, ex is also claiming he is making double what he was making 6 months ago, claiming he is not on social services but I know he was just 6 months ago. In addition he is claiming rent on the modification from an illegal apartment.

And you know all this, how?

He is also over 40,000 dollars in the rears.

No he is not. I can guarantee he is NOT over 40k "in the rears". 40k in arrears maybe.

I am worried that he will default and ruin my credit when I get reestablished, as he has already ruined it now. I am also worried about signing fraudulent documentation as I have been told it is a federal offense. I do not want my kids to lose their home but I have sacrificed so much already and I don't want to put myself in another rotten position. I am trying to get myself in a position to regain custody of my kids.

If dad has custody of the children, are you paying child support? How is he over 40k in arrears? Is that money owed to you or another person?

I signed a custody agreement for joint legal custody but giving him residential legal custody because he was ruining us financially and letting the house go into foreclosure. As soon as I signed this he sure enough initiated the modification process.

So you agreed to do that.

My kids have been through enough. My lawyer told me to make this agreement and then go back in when I am on my feet and prove to the court that I can take better care of them than he can.

What will be the substantial change in circumstance that will allow a change in custody? Best interests would only apply if there is a substantial change in circumstance in the life of the children/legal custodian.

We have joint custody. He has legal residential custody. Although he has legal residential custody, the kids have many overnights with me, a very crazy schedule but I am doing what I can to keep it. Can the judge order me to sign this document, will the judge just give him the home and is it too late to renegotiate the settlement?

Unless the court retained jurisdiction over the divorce decree (unlikely), it is too late to renegotiate the settlement. The judge can order you to sign the document or he can sanction you in other ways which could include fines, jail, attorney fees, court costs.

Any advice would really be helpful. My attorney is telling me to sign and that there is no point in putting off what has to be done. Any advice would be greatly appreciated. Thanks.

Quite frankly, listen to your attorney.

 

[tryn2moveon]

Do I have to sign loan modification after agreeing in divorce decree?

What is the name of your state (only U.S. law)? New York

I agreed to my divorce decree but have been under major duress and bullied by my own attorney during this whole process.

That excuse is NOT going to fly. The divorce decree is a COURT ORDER. You can be found in contempt if you don't follow through. What is the exact wording (redact the names) of the decree.

Yes I am well aware of this but only someone who has walked in my shoes can be understanding to it.


The last order of business is for me to sign loan modification.
You have to sign the loan modification.

So are you saying that I must sign something even though I know it contains fraudulent information and even if the judge knows this he will require my to lie and sign it anyway.

However, ex is not claiming property that he owns through inheritance even though it is requesting he do so, ex is also claiming he is making double what he was making 6 months ago, claiming he is not on social services but I know he was just 6 months ago. In addition he is claiming rent on the modification from an illegal apartment.

And you know all this, how?
Simply because for one I know he has the inheritance and he checked off no when it asks him if he owns joint property with anyone. 2nd I have seen the paperwork he filed with social services and compared it with the paperwork he is submitting for the modification and it doesn't wash. Third I have a copy of the rental agreement.

He is also over 40,000 dollars in the rears.
No he is not. I can guarantee he is NOT over 40k "in the rears". 40k in arrears maybe.

I just like you am human which allows me to make mistakes.

I am worried that he will default and ruin my credit when I get reestablished, as he has already ruined it now. I am also worried about signing fraudulent documentation as I have been told it is a federal offense. I do not want my kids to lose their home but I have sacrificed so much already and I don't want to put myself in another rotten position. I am trying to get myself in a position to regain custody of my kids.

If dad has custody of the children, are you paying child support? How is he over 40k in arrears? Is that money owed to you or another person? Child support was figured into the maintanence agreement. He did not pay the mortgage because I was going to get the house but would have lost it because I was a stay at home mom with no income for 20 years. It was stipulated that he owes the money, he owes it to the mortgage company.

I signed a custody agreement for joint legal custody but giving him residential legal custody because he was ruining us financially and letting the house go into foreclosure. As soon as I signed this he sure enough initiated the modification process.
So you agreed to do that.

Yes I did and it may sound ludacrous to you, but I did not want my children homeless or in a shelter. He was following through with all his threats and that was one of them. He is self employed and played the game very well. I will do whatever I can for my children.

My kids have been through enough. My lawyer told me to make this agreement and then go back in when I am on my feet and prove to the court that I can take better care of them than he can.

What will be the substantial change in circumstance that will allow a change in custody? Best interests would only apply if there is a substantial change in circumstance in the life of the children/legal custodian.

That I am not concerned about because he is already failing at being a responsible parent in every way. The judge did not order custody be given to him, I voluntarily signed the agreement which was in the best interest finacially for my children at that time.

We have joint custody. He has legal residential custody. Although he has legal residential custody, the kids have many overnights with me, a very crazy schedule but I am doing what I can to keep it. Can the judge order me to sign this document, will the judge just give him the home and is it too late to renegotiate the settlement?

Unless the court retained jurisdiction over the divorce decree (unlikely), it is too late to renegotiate the settlement. The judge can order you to sign the document or he can sanction you in other ways which could include fines, jail, attorney fees, court costs.


Any advice would really be helpful. My attorney is telling me to sign and that there is no point in putting off what has to be done. Any advice would be greatly appreciated. Thanks.

Quite frankly, listen to your attorney.

Unfortunately my attorney by the words of other people I spoke to in the legal profession has really screwed me. Unfortunatley I spoke to them to late.

 

[Ohiogal]

Yes I am well aware of this but only someone who has walked in my shoes can be understanding to it.

I note you didn't answer my question by posting what the wording of the decree is. YOu did post with another sample of self-pity. GET OVER IT. Walking in your shoes doesn't CHANGE the court order.

So are you saying that I must sign something even though I know it contains fraudulent information and even if the judge knows this he will require my to lie and sign it anyway.

Are you swearing to the authenticity of all information provided by your ex? How do you know it is fraudulent information?

Simply because for one I know he has the inheritance and he checked off no when it asks him if he owns joint property with anyone. 2nd I have seen the paperwork he filed with social services and compared it with the paperwork he is submitting for the modification and it doesn't wash. Third I have a copy of the rental agreement.

How did you obtain all of those.

I just like you am human which allows me to make mistakes.

You were corrected on the proper legal terminology.

Child support was figured into the maintanence agreement. He did not pay the mortgage because I was going to get the house but would have lost it because I was a stay at home mom with no income for 20 years. It was stipulated that he owes the money, he owes it to the mortgage company.

Actually so he is not 40k in arrears. The 40k is NOT child support. You never should have agreed to you getting the house if you couldn't afford it. That was YOUR mistake.

Yes I did and it may sound ludacrous to you, but I did not want my children homeless or in a shelter. He was following through with all his threats and that was one of them. He is self employed and played the game very well. I will do whatever I can for my children.

So why does he have the house now? What does he have to do with you keeping the house IF he has the house and custody of the children.

That I am not concerned about because he is already failing at being a responsible parent in every way. The judge did not order custody be given to him, I voluntarily signed the agreement which was in the best interest finacially for my children at that time.

So what? You AGREED he was a fit parent. You NOW need to prove a substantial change in circumstance in HIS life or the life of the children. YOUR circumstances matter not.

Unfortunately my attorney by the words of other people I spoke to in the legal profession has really screwed me. Unfortunatley I spoke to them to late.

Then you should not still have him as your attorney. YOU should have fired him and gotten new counsel. You need to follow court orders. If you do not then you can find yourself in contempt. What you MUST do depends on your court order. You have NOT provided the actual wording regarding the house and loan modification here even though I requested you do so. If you find yourself in contempt, you can face jail, monetary sanctions and being compelled to perform.

 

[tryn2moveon]

Reply to Ohiogal

I am very curious to know what your legal background entails?

 

[LdiJ]

That excuse is NOT going to fly. The divorce decree is a COURT ORDER. You can be found in contempt if you don't follow through. What is the exact wording (redact the names) of the decree.



You have to sign the loan modification.

And you know all this, how?


No he is not. I can guarantee he is NOT over 40k "in the rears". 40k in arrears maybe.

If dad has custody of the children, are you paying child support? How is he over 40k in arrears? Is that money owed to you or another person?


So you agreed to do that.


What will be the substantial change in circumstance that will allow a change in custody? Best interests would only apply if there is a substantial change in circumstance in the life of the children/legal custodian.


Unless the court retained jurisdiction over the divorce decree (unlikely), it is too late to renegotiate the settlement. The judge can order you to sign the document or he can sanction you in other ways which could include fines, jail, attorney fees, court costs.



Quite frankly, listen to your attorney.

I have to disagree with signing the loan modification if it really contains false information. Yes, she will be in contempt (maybe) if she doesn't, but it would be far more dangerous to sign a loan agreement containing false information.

 

[ecmst12]

Read her signature.

If your attorney is telling you that you can go back and change custody in the future WITHOUT there being a change in circumstance in the childrens' lives, just because you might have a more comfortable living situation, that attorney is an idiot and you should get a new one.

 

[Ohiogal]

I have to disagree with signing the loan modification if it really contains false information. Yes, she will be in contempt (maybe) if she doesn't, but it would be far more dangerous to sign a loan agreement containing false information.

Here is the big question: Is she signing to MODIFY the loan so she can keep the house? If not, why is she signing it with HIS information? They are divorced. There is a decree. Logically it is not making sense and she refuses to answer the question regarding what EXACTLY her decree states. If she has been ordered to sign the loan modification, she has to sign off on the modification.

If she doesn't have the house and is not keeping the house, then why would she be signing for a NEW loan on the house? She might be signing the deed to grant it to him but why the loan modification -- which would make her responsible for the loan?

Hence why I have asked for the specific WORDING of the freaking decree regarding the HOUSE and the loan modification. She refuses to answer. Hence the only answer is that she MUST LEGALLY follow the court order or she can be found in contempt which comes with punishments/penalties.

 

[tryn2moveon]

Do I have to sign laon modification after agreeing in divorce decree? ecmst12

To ecmst12
First thank you for responding with an answer without adding insult to injury as the previous poster has.
I now agree amongst every one else (my friends and family) that I have made a terrible mistake and that I should have a new attorney.
Could you give further advice on what you would do...the situation is
I do not have the money for a new attorney but I would no doubt be eligible for legal aide.
My attorney told me that she would quit if I didn't sign off on a lot of previous paperwork and I kept trusting her even though everyone was telling me not to.
I have sunk myself, this I know. The decree has been signed. Is it too late at this point to fire her and ask for a new attorney?
Now moving forward I can only deal with what I have, I have already started taking measures to correct what has been done but on this issue I have been told that if I sign off on this modification I can be facing jail time because they will never buy that I didn't know that what my ex was putting in the paperwork wasn't accurate but yet if I don't sign I am looking at contempt of court.

Thanks

 

[Ohiogal]

To ecmst12
First thank you for responding with an answer without adding insult to injury as the previous poster has.
I now agree amongst every one else (my friends and family) that I have made a terrible mistake and that I should have a new attorney.
Could you give further advice on what you would do...the situation is
I do not have the money for a new attorney but I would no doubt be eligible for legal aide.
My attorney told me that she would quit if I didn't sign off on a lot of previous paperwork and I kept trusting her even though everyone was telling me not to.
I have sunk myself, this I know. The decree has been signed. Is it too late at this point to fire her and ask for a new attorney?
Now moving forward I can only deal with what I have, I have already started taking measures to correct what has been done but on this issue I have been told that if I sign off on this modification I can be facing jail time because they will never buy that I didn't know that what my ex was putting in the paperwork wasn't accurate but yet if I don't sign I am looking at contempt of court.

Thanks

Try answering my dang question:
Hence why I have asked for the specific WORDING of the freaking decree regarding the HOUSE and the loan modification.

And in case you missed it:
Hence why I have asked for the specific WORDING of the freaking decree regarding the HOUSE and the loan modification. Hence why I have asked for the specific WORDING of the freaking decree regarding the HOUSE and the loan modification. Hence why I have asked for the specific WORDING of the freaking decree regarding the HOUSE and the loan modification. Hence why I have asked for the specific WORDING of the freaking decree regarding the HOUSE and the loan modification. Hence why I have asked for the specific WORDING of the freaking decree regarding the HOUSE and the loan modification. Hence why I have asked for the specific WORDING of the freaking decree regarding the HOUSE and the loan modification. Hence why I have asked for the specific WORDING of the freaking decree regarding the HOUSE and the loan modification. Hence why I have asked for the specific WORDING of the freaking decree regarding the HOUSE and the loan modification. 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Then maybe you will get some more help.

 

[TinkerBelleLuvr]

If your credit is tanked, you may not possible be able to refinance. If the bank denies you, then you wouldn't be in contempt because you TRIED to modify. What does your X's income have to do with any of this?

 

[latigo]

What is the name of your state (only U.S. law)? New York

I agreed to my divorce decree but have been under major duress and bullied by my own attorney during this whole process. The last order of business is for me to sign loan modification. However, ex is not claiming property that he owns through inheritance even though it is requesting he do so, ex is also claiming he is making double what he was making 6 months ago, claiming he is not on social services but I know he was just 6 months ago. In addition he is claiming rent on the modification from an illegal apartment. He is also over 40,000 dollars in the rears. I am worried that he will default and ruin my credit when I get reestablished, as he has already ruined it now. I am also worried about signing fraudulent documentation as I have been told it is a federal offense. I do not want my kids to lose their home but I have sacrificed so much already and I don't want to put myself in another rotten position. I am trying to get myself in a position to regain custody of my kids. I signed a custody agreement for joint legal custody but giving him residential legal custody because he was ruining us financially and letting the house go into foreclosure. As soon as I signed this he sure enough initiated the modification process. My kids have been through enough. My lawyer told me to make this agreement and then go back in when I am on my feet and prove to the court that I can take better care of them than he can. We have joint custody. He has legal residential custody. Although he has legal residential custody, the kids have many overnights with me, a very crazy schedule but I am doing what I can to keep it. Can the judge order me to sign this document, will the judge just give him the home and is it too late to renegotiate the settlement? Any advice would really be helpful. My attorney is telling me to sign and that there is no point in putting off what has to be done. Any advice would be greatly appreciated. Thanks.

Obviously you are too worked up to be capable of communicating adequately.

If you feel that your interests are not being properly observed, advanced and protected by your attorney, then discuss these issues with your counsel. If afterwards, you are not satisfied, then discharge him or her. But no one at this distance can help you or substitute for the advice of your attorney, even if they could decipher your disjointed rambling.

 

[tryn2moveon]

Do I have to sign loan modification after agreeing in divorce decree? ohiogal

It is apparent you have anger issues, control issues and such. I have read some of your previous posts and you are more interested in insulting people than helping them. Even in my posts it is apparent that you really don't know what you are talking about with regard to certain issues. Thanks but no thanks. I will stick with people who have decent bedside manners and respect for other human beings. Have a nice day.

 

[tryn2moveon]

Do I have to sign loan modification after agreeing in divorce decree?

Obviously you are too worked up to be capable of communicating adequately.

If you feel that your interests are not being properly observed, advanced and protected by your attorney, then discuss these issues with your counsel. If afterwards, you are not satisfied, then discharge him or her. But no one at this distance can help you or substitute for the advice of your attorney, even if they could decipher your disjointed rambling.

Hmmmm....LOL what can I say gotta laugh. I'll take that under advisement. LOL!!!!