Contempt of Court questions

[voxx]

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

I divorced in 2009, and in the divorce papers it states that I shall retain all rights, title and interest to the real estate, and she was to execute all necessary documents in order to transfer the title. It's a simple quit claim, nothing I need to sign.

It all states she is required to pay all debt in her name, and hold me harmless.

I tried to refinance, and I find out last week a judgement lien against the property was granted in 2011, which stems from her credit card debt. She did not do the quit claim. She says, "None of this is her fault". It's basically my fault, the attorney's fault and the judge's fault because they should have had her sign the required papers while in court. On this past Friday, I gave her a quit claim document and the phone number of a notary who will travel to her location to notarize. I thought she would've made this a priority and she hasn't. She stated that she would call the creditor on the lien this past Monday (Feb 11).

Today, in the mail I receive a business letter addressed to her and I can see through the film that it's an attempt to collect another debt. I decided to call the creditor that's on the lien to see if she ever called on Monday. They stated she hadn't.

I'm meeting with my lawyer on Friday, to discuss contempt charges. I know that she will be upset, but I also don't think that she will really care, because she has a good feeling that the judge won't really do anything. Which is probably closer to true than false.

I'm wondering what can I expect to happen? Can wages be garnished? Can I have her tax return? I basically WANT EVERYTHING!!!

 

[Proserpina]

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

I divorced in 2009, and in the divorce papers it states that I shall retain all rights, title and interest to the real estate, and she was to execute all necessary documents in order to transfer the title. It's a simple quit claim, nothing I need to sign.

It all states she is required to pay all debt in her name, and hold me harmless.

I tried to refinance, and I find out last week a judgement lien against the property was granted in 2011, which stems from her credit card debt. She did not do the quit claim. She says, "None of this is her fault". It's basically my fault, the attorney's fault and the judge's fault because they should have had her sign the required papers while in court. On this past Friday, I gave her a quit claim document and the phone number of a notary who will travel to her location to notarize. I thought she would've made this a priority and she hasn't. She stated that she would call the creditor on the lien this past Monday (Feb 11).

Today, in the mail I receive a business letter addressed to her and I can see through the film that it's an attempt to collect another debt. I decided to call the creditor that's on the lien to see if she ever called on Monday. They stated she hadn't.

I'm meeting with my lawyer on Friday, to discuss contempt charges. I know that she will be upset, but I also don't think that she will really care, because she has a good feeling that the judge won't really do anything. Which is probably closer to true than false.

I'm wondering what can I expect to happen? Can wages be garnished? Can I have her tax return? I basically WANT EVERYTHING!!!

You're not getting her tax refund. Forget that.

Now, did your decree actually give a set period of time in which she had to complete X, Y or Z?

 

[ecmst12]

She may be ordered to pay, but that will only help if she actually has money. Does she?

I wouldn't sign a quit claim prior to being refinanced off the loan either.

 

[Ohiogal]

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

I divorced in 2009, and in the divorce papers it states that I shall retain all rights, title and interest to the real estate, and she was to execute all necessary documents in order to transfer the title. It's a simple quit claim, nothing I need to sign.

It all states she is required to pay all debt in her name, and hold me harmless.

I tried to refinance, and I find out last week a judgement lien against the property was granted in 2011, which stems from her credit card debt. She did not do the quit claim. She says, "None of this is her fault". It's basically my fault, the attorney's fault and the judge's fault because they should have had her sign the required papers while in court. On this past Friday, I gave her a quit claim document and the phone number of a notary who will travel to her location to notarize. I thought she would've made this a priority and she hasn't. She stated that she would call the creditor on the lien this past Monday (Feb 11).

Today, in the mail I receive a business letter addressed to her and I can see through the film that it's an attempt to collect another debt. I decided to call the creditor that's on the lien to see if she ever called on Monday. They stated she hadn't.

I'm meeting with my lawyer on Friday, to discuss contempt charges. I know that she will be upset, but I also don't think that she will really care, because she has a good feeling that the judge won't really do anything. Which is probably closer to true than false.

I'm wondering what can I expect to happen? Can wages be garnished? Can I have her tax return? I basically WANT EVERYTHING!!!

What does the decree state regarding the mortgage on the property? At the time of refinancing she will quit claim the property because the bank would require it. Why haven't you refinanced her off the mortgage before now? If you go after her for contempt, she may be able to go AFTER YOU for contempt. Why did you wait four years to refinance so she was no longer responsible for the mortgage? I bet your mortgage has a clause that allows them to call it due if a transfer of the deed takes place which would have put you in a bad situation. You had no right to call the creditor by the way. Did you open the letter? If so, that is a federal crime. Calling HER creditor is also a no-no. You may get her found in contempt for the lien of her credit card bills on the property. But the penalty for contempt is jail time though some courts will allow a purge of the contempt in lieu of jail time.

 

[voxx]

I'm sorry.. I forgot to include a piece of relevant information... She is NOT on the loan/mortgage, but she is on the title. Her credit was horrible, as it now, and they would not allow her to be on the loan.



The exact wording in the divorce decree is this...
It is hereby ordered, adjudged, and decreed that plaintiff (me) shall retain all right, title and interest to the real estate located at (address). It is further ordered that defendant shall execute all necessary documents in order to transfer title of said real estate to Plaintiff within 120 days of the filing of this decree.

It is further ordered, adjudged, and decreed that plaintiff and defendant shall pay any and all debts they have incurred in their own name, and shall hold the other party harmless from payment of same.

the judgement lien of 9400.00 is credit card debt that was all in her name...

 

[voxx]

I guess what is annoying is it seems like she can do pretty much whatever she wants and there is no consequence..

 

[voxx]

and no I did not open the letter....

 

[Ohiogal]

I'm sorry.. I forgot to include a piece of relevant information... She is NOT on the loan/mortgage, but she is on the title. Her credit was horrible, as it now, and they would not allow her to be on the loan.



The exact wording in the divorce decree is this...
It is hereby ordered, adjudged, and decreed that plaintiff (me) shall retain all right, title and interest to the real estate located at (address). It is further ordered that defendant shall execute all necessary documents in order to transfer title of said real estate to Plaintiff within 120 days of the filing of this decree.

It is further ordered, adjudged, and decreed that plaintiff and defendant shall pay any and all debts they have incurred in their own name, and shall hold the other party harmless from payment of same.

the judgement lien of 9400.00 is credit card debt that was all in her name...

Well that was an extremely relevant piece of information. She is in contempt for not signing within 120 days. HOWEVER, you should have had the paperwork prepared within that time due to the fact that it was YOUR home and your expense. When is the soonest you had that paperwork prepared and given to her? The lien is hers to take care of and she may be found in contempt on that. But the penalty for contempt is jail and fines -- unless the court determines that she can have time to purge.

 

[Bali Hai]

I guess what is annoying is it seems like she can do pretty much whatever she wants and there is no consequence..

It took you four years to figure that out?

You are about to discover that she is in contempt but it's YOUR fault! I would be interested in hearing what trick the court has up its sleeve on this one.

 

[voxx]

Yeah, it did!!

1. She was ordered by the court to do it. She's an adult!! I'm not her babysitter.
2. It's a quit claim, nothing I need to sign or endorse. She signs it in front of a notary, and turns it in. Again, nothing I need to be involved with.
3. NOTHING needed to be refinanced since the loan was in my name only. If I was able to refinance an underwater home 4 years ago then I would have. I tried approximately in 2010 with the govt program for underwater home owners. I was told that I didn't qualify because of my debt to value ratio so there was no title check done. It is only now that I qualify for HARP 2.0, and this is how it was discovered.
4. It appears that she is having more financial trouble which I do NOT want to be responsible for.

The fact is SHE was required to do something 4 years ago and had 120 day limit to do something, and she didn't. The court never ordered me to follow up. It doesn't change the fact I was told that I would be held harmless from all debt accrued in her name, and I am being harmed because I can't refinance. That would amount to about 185.00/month savings for me. It doesn't change the fact I provided her with a quit claim on Friday, 8 Feb, I researched and found a notary that would travel, and notarize it for 20.00 - 30.00. This was not easy.. The banks I called would not notarize a quit claim, ups stores would not notarize a quit claim, the independent notaries either wouldn't travel to her (she will not go to them, because she is not going to go out of her way) or they wouldn't do just a quit claim. How simple is that????? I provide her with the phone number/extension of the law firm which holds the lien, I tell her it's an urgent matter, she'll take care of it Monday, February 11, and that turned out to be a lie. She never called, but she'll get back to me when she hears something. Oh, I forgot, NONE of this is her fault...it's the Attorney's fault. THEY should have prepared the document, and had her sign it in court so no one should blame her for anything.

Now, does this sound like a person that gives a **** about anything?

I'm curious what the court will do as well, because there are other things in the court order that I'm now concerned with, and it appears to me the judges word/order either means something or absolutely nothing. So.. since this worthless human being has no money, doesn't have to budget money like the majority of the population does, lives in her parents 175k home, no rent, no utilities, no housing costs whatsoever, and drives around in a new car. If I can't have the lien removed, and if I can't have her money then exactly what can the judge do??

Maybe, her thoughts are correct and the judge really can't do anything?

 

[stealth2]

SO why did it take you four years to pursue the contempt on signing the Quit Claim? Really.

And without whining, please.

 

[Just Blue]

Seems to me it would have been in your best interest to "babysit".

 

[Ohiogal]

Yeah, it did!!

1. She was ordered by the court to do it. She's an adult!! I'm not her babysitter.
2. It's a quit claim, nothing I need to sign or endorse. She signs it in front of a notary, and turns it in. Again, nothing I need to be involved with.

WRONG. It concerns your property and I would think that YOU would want the deed written properly, prepared accurately and fully covering what you were granted in the divorce.

3. NOTHING needed to be refinanced since the loan was in my name only. If I was able to refinance an underwater home 4 years ago then I would have. I tried approximately in 2010 with the govt program for underwater home owners. I was told that I didn't qualify because of my debt to value ratio so there was no title check done. It is only now that I qualify for HARP 2.0, and this is how it was discovered.
4. It appears that she is having more financial trouble which I do NOT want to be responsible for.

Okay.

The fact is SHE was required to do something 4 years ago and had 120 day limit to do something, and she didn't. The court never ordered me to follow up. It doesn't change the fact I was told that I would be held harmless from all debt accrued in her name, and I am being harmed because I can't refinance. That would amount to about 185.00/month savings for me. It doesn't change the fact I provided her with a quit claim on Friday, 8 Feb, I researched and found a notary that would travel, and notarize it for 20.00 - 30.00. This was not easy.. The banks I called would not notarize a quit claim, ups stores would not notarize a quit claim, the independent notaries either wouldn't travel to her (she will not go to them, because she is not going to go out of her way) or they wouldn't do just a quit claim. How simple is that????? I provide her with the phone number/extension of the law firm which holds the lien, I tell her it's an urgent matter, she'll take care of it Monday, February 11, and that turned out to be a lie. She never called, but she'll get back to me when she hears something. Oh, I forgot, NONE of this is her fault...it's the Attorney's fault. THEY should have prepared the document, and had her sign it in court so no one should blame her for anything.

Seriously, you are whining. If you wanted until FRIDAY FEBRUARY 8th, 2013, to present her with a prepared quit claim (who prepared it by the way and does it contain all the necessary information?) then she will most likely NOT be found in contempt for not signing it.

Now, does this sound like a person that gives a **** about anything?

It doesn't sound like you cared in the last four years about this quit claim quite frankly.

I'm curious what the court will do as well, because there are other things in the court order that I'm now concerned with, and it appears to me the judges word/order either means something or absolutely nothing. So.. since this worthless human being has no money, doesn't have to budget money like the majority of the population does, lives in her parents 175k home, no rent, no utilities, no housing costs whatsoever, and drives around in a new car. If I can't have the lien removed, and if I can't have her money then exactly what can the judge do??

Maybe, her thoughts are correct and the judge really can't do anything?

I told you what the judge could do. The judge could possibly jail her and possibly allow her time to purge. The contempt you have is on the portion requiring that you be held harmless -- by her -- for her debts. The quit claim is on you quite frankly. If you wanted her to sign this within 120 days YOU should have made sure it was prepared within 120 days because it was YOUR property.

 

[stealth2]

Seriously, you are whining. If you wanted until FRIDAY FEBRUARY 8th, 2013, to present her with a prepared quit claim (who prepared it by the way and does it contain all the necessary information?) then she will most likely NOT be found in contempt for not signing it.

I think the 2-11 'deadline" was imposed by voxx. Because *stomp* *stomp* *stomp* HE WANTS IT DONE NOOOOOOOOOOOOOW! After sittingon his hands for 4 years.

 

[TheGeekess]

I think OP has already been told all of this in his original thread.

https://forum.freeadvice.com/mortgages-refinancing-foreclosure-107/harp-refinance-title-lien-problems-590967.html