big dilemma!

[bfreitas]

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

OK i'll try and make a long story short

In my divorce because of what my exhusband had done to me-- I am the only name on the deed to my house (I alone own the house) he agreed to this at divorce and left me with all the debt from our 18 yr relationship piled on top of the mortgage **I agreed to this so I could keep my children in a stable environment (the mortgage is in his name only)

For the past 10 yrs I have paid for the mortgage, barely making ends meet with 2 children and hardly any child support (he is in arrears aprx $16,000.00)

I only received child support when he decides to hold a job

As of April I stopped paying the mortgage because I couldn't afford it anymore
This is after I called the mortgage co several times to try and mod/refinance the loan

He has tried to get a mod on the house but they say he makes too much $$ and can afford the payment?

so, I have no clue what actually is going to happen now!
I technically don't owe the mortgage, he does
He doesn't own the house, I do

I'm so confused and need help but don't have any $$ for a lawyer

 

[sandyclaus]

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

OK i'll try and make a long story short

In my divorce because of what my exhusband had done to me-- I am the only name on the deed to my house (I alone own the house) he agreed to this at divorce and left me with all the debt from our 18 yr relationship piled on top of the mortgage **I agreed to this so I could keep my children in a stable environment (the mortgage is in his name only)

For the past 10 yrs I have paid for the mortgage, barely making ends meet with 2 children and hardly any child support (he is in arrears aprx $16,000.00)

I only received child support when he decides to hold a job

As of April I stopped paying the mortgage because I couldn't afford it anymore
This is after I called the mortgage co several times to try and mod/refinance the loan

He has tried to get a mod on the house but they say he makes too much $$ and can afford the payment?

so, I have no clue what actually is going to happen now!
I technically don't owe the mortgage, he does
He doesn't own the house, I do

I'm so confused and need help but don't have any $$ for a lawyer

What do you WANT to do?

You agreed to take on the debt, including paying for the mortgage, in exchange for keeping the house. If you can't afford to pay for the mortgage, you'll have to give up the house and give it back to your ex, who clearly CAN afford it.

If you're struggling with his nonpayment of child support, have you filed for contempt with the courts? Are you currently getting your payments directly from your ex, or are you going through a child support enforcement agency?

 

[bfreitas]

But i have paid for 10 yrs and hold the deed?
I dont think i should hust give it to him

 

[AnonUserName]

But i have paid for 10 yrs and hold the deed?
I dont think i should hust give it to him

Does he even want the house?

 

[LdiJ]

What do you WANT to do?

You agreed to take on the debt, including paying for the mortgage, in exchange for keeping the house. If you can't afford to pay for the mortgage, you'll have to give up the house and give it back to your ex, who clearly CAN afford it.

If you're struggling with his nonpayment of child support, have you filed for contempt with the courts? Are you currently getting your payments directly from your ex, or are you going through a child support enforcement agency?

I think that she should explore the possibility of refinancing the mortgage into her own name. Interest rates are lower than they were 10 years ago, the house may have built up enough equity for a refinance to be possible, and she might end up with a mortgage payment that she can afford.

She should also file for contempt for his non-payment of child support.

 

[bfreitas]

I have tried to refi..... I was approved for it...would have brought mo pay down $300
But..... its under water (because he refinanced everything into the mortg before he left) and appraisal is less than what is owed

 

[LdiJ]

I have tried to refi..... I was approved for it...would have brought mo pay down $300
But..... its under water (because he refinanced everything into the mortg before he left) and appraisal is less than what is owed

If its under water still, after 10 years, then its time to walk away from the house and buy something else. Your credit is not affected by the mortgage and you should be able to buy something else. Let your ex deal with the house and the results of his deliberate refusal to pay child support.

 

[sandyclaus]

But i have paid for 10 yrs and hold the deed?
I dont think i should hust give it to him

I'm curious... How did you manage to get his name off the deed if only his name appears on the mortgage? How did the mortgage company not know about this? I didn't think it was possible to deed a house in one person's name while the mortgage is in someone else's name?

 

[bfreitas]

I'm curious... How did you manage to get his name off the deed if only his name appears on the mortgage? How did the mortgage company not know about this? I didn't think it was possible to deed a house in one person's name while the mortgage is in someone else's name?

We called the mortgage company first and they said "anybody can hold the mortgage to anybody's house" so we went to a lawyer and he signed the house over to me for $1

 

[sandyclaus]

We called the mortgage company first and they said "anybody can hold the mortgage to anybody's house" so we went to a lawyer and he signed the house over to me for $1

Um, I call BS on that.

The mortgage company wouldn't allow someone to sell a house before paying off the existing mortgage, I don't think. Definitely a $1 payoff didn't do it.

 

[bfreitas]

Um, I call BS on that.

The mortgage company wouldn't allow someone to sell a house before paying off the existing mortgage, I don't think. Definitely a $1 payoff didn't do it.

well you can believe what you want to but that's what happened>>> ????
he didn't sell me the house>> he signed off on it

 

[Ohiogal]

well you can believe what you want to but that's what happened>>> ????
he didn't sell me the house>> he signed off on it

Then you lied -- it was not a $1 payoff and quite frankly you are lucky the bank hasn't foreclosed and taken the house as soon as the deed transferred. The bank HOLDS the mortgage by the way. Your ex does not. The bank is the one who can sue YOU and your ex for the home when they foreclose.

 

[bfreitas]

Then you lied -- it was not a $1 payoff and quite frankly you are lucky the bank hasn't foreclosed and taken the house as soon as the deed transferred. The bank HOLDS the mortgage by the way. Your ex does not. The bank is the one who can sue YOU and your ex for the home when they foreclose.[/

What is wrong with you people? is this forum NOT for help and advice? i have no reason to lie....
I would like some advice with my whole screwed up situation NOT to be told I'm
Lieing?
Deed HAS been in my name only--- for 7 yrs
We did ASk the mortgage co first
We went to a lawyer LEGALLY and transferred deed to me

 

[Ohiogal]

What is wrong with you people? is this forum NOT for help and advice? i have no reason to lie....
I would like some advice with my whole screwed up situation NOT to be told I'm
Lieing?
Deed HAS been in my name only--- for 7 yrs
We did ASk the mortgage co first
We went to a lawyer LEGALLY and transferred deed to me

If the deed says you got the house for $1 and you did not, that is a LIE. The mortgage company CAN foreclose on the house and sue you as well. Who did the lawyer represent? Did the lawyer review all the mortgage documents and advise regarding sale on transfer or calling the mortgage due upon transfer? What type of lawyer was it? The point is, there was fraud that took place here. And you couldn't ask the mortgage company anything as you were NOT on the mortgage and they couldn't speak to you due to privacy laws. Asking a general question matters not. Your problem is that people on this site know a lot more than you about the process and you are not presenting all of the facts. There are issues here and if the bank forecloses they will sue you as well as your ex.

 

[Ohiogal]

I will also say that you can be found in contempt by the divorce court if the divorce court awarded you the home and made you responsible for the payments. You were most likely also ordered to indemnify your ex which means if his credit takes a hit or he is sued you are responsible for all the financial costs and damages associated with your inability to continue paying for this house. You would have to make your ex whole (including paying for his lawyer in a foreclosure and paying all costs associated with any credit hit taken as a response to your refusal to do what it takes to pay the mortgage). So therefore it is not as easy as walking away from this home because you are not on the mortgage.

And I note, you were reading my prior post yet refuse to respond to it. Why is that? The cheapest I can see you getting out of this is by selling the house and paying the shortfall if any that it takes to sell the house. Ruining your ex's credit can lead you a whole financial nightmare that you might not be able to get out of by declaring bankruptcy.