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Ohiogal

Queen Bee
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.
Then there is her deliberate contempt of the court order of divorce. That can prove to be a huge issue which puts her in a world of hurt. I would say the odds are pretty good that she is responsible for the debt on the house per the divorce decree and has been ordered to indemnify her ex against any issues with the home. That is a SEPARATE issue from his paying child support. One will NOT override the other.
 
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sandyclaus

Senior Member
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.
Obviously, the ex had to be complicit in whatever transpired here as well, given that he allegedly "signed over" the deed in exchange for a $1 payoff. Either that, or they were BOTH duped by this real estate attorney who allegedly handled the transaction.

Sure hope you didn't pay the guy much to do this.
 

bfreitas

Junior Member
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.
I didn't respond because I'm not sitting in front of my computer??
I do have access to asking questions directly to the mortgage because my ex OKd that I ask anything I want to

They awarded me the home, but that the mortgage would be left in my ex's name
Also he was told if i couldn't pay it, he would have to

And you are right on ONE thing>>> you don't know my whole story with that man (ex)
I don't know why you are taking such a RUDE approach to me when all I was doing was asking for some advise on what to do?
 

LdiJ

Senior Member
Then there is her deliberate contempt of the court order of divorce. That can prove to be a huge issue which puts her in a world of hurt. I would say the odds are pretty good that she is responsible for the debt on the house per the divorce decree and has been ordered to indemnify her ex against any issues with the home. That is a SEPARATE issue from his paying child support. One will NOT override the other.
Since there is nothing in evidence at this point in time to indicate that she has been ordered to indemnify her ex for the debt on the house, there is no evidence at this point to say that she is in contempt of court at all, let alone deliberate contempt.

She might have even been ordered to refinance the house, but since its upside down, still, after 10 years, that is obviously something that could not be done.
 

bfreitas

Junior Member
Then there is her deliberate contempt of the court order of divorce. That can prove to be a huge issue which puts her in a world of hurt. I would say the odds are pretty good that she is responsible for the debt on the house per the divorce decree and has been ordered to indemnify her ex against any issues with the home. That is a SEPARATE issue from his paying child support. One will NOT override the other.
I wasn't told to INDEMNIFY anybody
 

Ohiogal

Queen Bee
I wasn't told to INDEMNIFY anybody
Really? I find that hard to believe unless you handled your divorce pro se. I find most of what you say quite frankly unbelievable. And since we are so rude, please pay an attorney to assist you in this mess. Because you may find that you don't get to just stick your ex (the one you chose to marry and be with and allow to impregnate you and bear his children) the house and hope his credit tanks.
 

bfreitas

Junior Member
Really? I find that hard to believe unless you handled your divorce pro se. I find most of what you say quite frankly unbelievable. And since we are so rude, please pay an attorney to assist you in this mess. Because you may find that you don't get to just stick your ex (the one you chose to marry and be with and allow to impregnate you and bear his children) the house and hope his credit tanks.
Frankly you shouldn't judge people until you walk in I chose to be the father of my children and to marry him that was before he chose to become a heroin and crack addict
Oh and thank you for helping someone that needed some advice
 

Ohiogal

Queen Bee
Frankly you shouldn't judge people until you walk in I chose to be the father of my children and to marry him that was before he chose to become a heroin and crack addict
Oh and thank you for helping someone that needed some advice
Since you don't choose to give all the information, the only advice you can actually receive is what I said. Let me repeat it:
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Again, walking away can land you in legal hot water in more ways than one depending on the actual wording of your divorce decree and what the bank decides to do.
 

LdiJ

Senior Member
Really? I find that hard to believe unless you handled your divorce pro se. I find most of what you say quite frankly unbelievable. And since we are so rude, please pay an attorney to assist you in this mess. Because you may find that you don't get to just stick your ex (the one you chose to marry and be with and allow to impregnate you and bear his children) the house and hope his credit tanks.
I think that you are overreacting to this one just a bit. If she can no longer pay for the house she can no longer pay for the house. Its not something that anyone CHOOSES to have happen. The house in under water. She cannot sell it without damaging his credit, she cannot keep it because she cannot afford it. She tried to refinance and that failed. He tried to modify the loan and the lender refused stating that he could afford the current mortgage.

There is no willful contempt here. I also don't see where she is being rude. How do you expect people to react to things like "I find most of what you say quite frankly unbelievable?" If someone said something like that to you, you would go off like a firecracker. She hasn't.
 

Ohiogal

Queen Bee
I think that you are overreacting to this one just a bit. If she can no longer pay for the house she can no longer pay for the house. Its not something that anyone CHOOSES to have happen. The house in under water. She cannot sell it without damaging his credit, she cannot keep it because she cannot afford it. She tried to refinance and that failed. He tried to modify the loan and the lender refused stating that he could afford the current mortgage.

There is no willful contempt here. I also don't see where she is being rude. How do you expect people to react to things like "I find most of what you say quite frankly unbelievable?" If someone said something like that to you, you would go off like a firecracker. She hasn't.
You told her to walk away from the home because it would not affect her. I am not the only one finding what she is saying unbelievable. They engaged in fraud to transfer the house deed to her (the whole $1 price). And she has not quoted her divorce decree regarding the house. And this is a legal mess. She refuses to give all the information. She has gone off like a firecracker. She has called everyone but you that has answered her rude. Because you were the only one to tell her that she could just walk away and nothing would happen to her:

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.
She cannot just walk away. SHE will have issues that result from this. That is almost a guarantee. She has DELIBERATELY not paid the mortgage since April but lived there. So let's see:
1) Has she gone on vacation?
2) How many times has she eaten out?
3) Does she have cable?
4) Does she pay for internet access?
5) Have she and the child/ren gone to the movies/zoo or something else that costs money?
6) Does she buy magazines/newspapers/books to read?
7) Does she shop at the mall?
8) Does she clip coupons?
9) How much has she spent on lunch at office?
10) How many gifts has she purchased since then?
11) Why hasn't she made ANY payment since April?

There are consequences to her actions as well which you seem to have ignored.
 

LdiJ

Senior Member
You told her to walk away from the home because it would not affect her. I am not the only one finding what she is saying unbelievable. They engaged in fraud to transfer the house deed to her (the whole $1 price). And she has not quoted her divorce decree regarding the house. And this is a legal mess. She refuses to give all the information. She has gone off like a firecracker. She has called everyone but you that has answered her rude. Because you were the only one to tell her that she could just walk away and nothing would happen to her:



She cannot just walk away. SHE will have issues that result from this. That is almost a guarantee. She has DELIBERATELY not paid the mortgage since April but lived there. So let's see:
1) Has she gone on vacation?
2) How many times has she eaten out?
3) Does she have cable?
4) Does she pay for internet access?
5) Have she and the child/ren gone to the movies/zoo or something else that costs money?
6) Does she buy magazines/newspapers/books to read?
7) Does she shop at the mall?
8) Does she clip coupons?
9) How much has she spent on lunch at office?
10) How many gifts has she purchased since then?
11) Why hasn't she made ANY payment since April?

There are consequences to her actions as well which you seem to have ignored.
With the exception of the vacation and perhaps gifts based on the level of the gifts, everything that you have mentioned here are things that are allowed to be included in a bankruptcy budget. So, basically what you are saying is that someone should not be allowed to spend money on absolutely anything other than utter necessities, in order to keep paying a mortgage on a property they can no longer afford, when even a bankruptcy court would not expect someone to live like that?

Her first response to someone other than me:

But i have paid for 10 yrs and hold the deed?
I dont think i should hust give it to him
Nothing rude there

her second response:


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
Nothing rude there

Her third response, to someone other than me:

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
Nothing rude there

Next response to someone other than me:

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
Nothing rude there

Next response...in response to you specifically calling her a liar:


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
I don't consider that rude in light of the fact that you specifically called her a liar.

next response, again to you...again based on you making inflammatory statements:

I didn't respond because I'm not sitting in front of my computer??
I do have access to asking questions directly to the mortgage because my ex OKd that I ask anything I want to

They awarded me the home, but that the mortgage would be left in my ex's name
Also he was told if i couldn't pay it, he would have to

And you are right on ONE thing>>> you don't know my whole story with that man (ex)
I don't know why you are taking such a RUDE approach to me when all I was doing was asking for some advise on what to do?
Next response:

I wasn't told to INDEMNIFY anybody
Nothing rude there

final response, again to inflammatory statements made by you:


Frankly you shouldn't judge people until you walk in I chose to be the father of my children and to marry him that was before he chose to become a heroin and crack addict
Oh and thank you for helping someone that needed some advice
Which again, I don't consider to be rude.

So...rather than me being the only person she hasn't been rude to, it appear to me that the only person she might have been a little short with, rather than actually being rude, is you...because you were the only one making inflammatory statements to her.
 

Ohiogal

Queen Bee
With the exception of the vacation and perhaps gifts based on the level of the gifts, everything that you have mentioned here are things that are allowed to be included in a bankruptcy budget. So, basically what you are saying is that someone should not be allowed to spend money on absolutely anything other than utter necessities, in order to keep paying a mortgage on a property they can no longer afford, when even a bankruptcy court would not expect someone to live like that?

Her first response to someone other than me:



Nothing rude there

her second response:




Nothing rude there

Her third response, to someone other than me:



Nothing rude there

Next response to someone other than me:



Nothing rude there

Next response...in response to you specifically calling her a liar:




I don't consider that rude in light of the fact that you specifically called her a liar.

next response, again to you...again based on you making inflammatory statements:



Next response:



Nothing rude there

final response, again to inflammatory statements made by you:




Which again, I don't consider to be rude.

So...rather than me being the only person she hasn't been rude to, it appear to me that the only person she might have been a little short with, rather than actually being rude, is you...because you were the only one making inflammatory statements to her.
NIce. Glad to know you are looking to bash me again. Thought you grew up. Guess I was wrong.
You missed this when sandyclaus stated:

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.
So sandy calling BS isn't being inflammatory as you say, huh? I am your only target. Good to know you are predictable.
And OP replied:

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

She admitted that there was fraud involved. The whole $1 transfer price. You overlooked that because it doesn't fit in with you bashing me. I called OP on the lie about the $1. Her strawman was full of fraud. Should we continue? OP has issues if she walks away from the house. Especially since she hasn't paid in five months. Oh is that an issue calling her out on what she has done? She has CHOSEN to not pay the mortgage. She has CHOSEN to spend her money on other things. Those are facts. Whether she could declare bankruptcy on cable matters not in a contempt hearing. Cable is not worth it if you cannot afford the ROOF over your head. And walking away? She is not in the clear as much as you seem to put out there. She does have issues and since she hasn't shared the divorce decree wording she needs to see an attorney to see what her options are without digging a hole for herself. Because she could find herself deeply in the hole financially. Just because ex hasn't paid child support doesn't mean she can screw him on the house. That is fact. As is everything else I stated.
 

bfreitas

Junior Member
NIce. Glad to know you are looking to bash me again. Thought you grew up. Guess I was wrong.
You missed this when sandyclaus stated:


So sandy calling BS isn't being inflammatory as you say, huh? I am your only target. Good to know you are predictable.
And OP replied:




She admitted that there was fraud involved. The whole $1 transfer price. You overlooked that because it doesn't fit in with you bashing me. I called OP on the lie about the $1. Her strawman was full of fraud. Should we continue? OP has issues if she walks away from the house. Especially since she hasn't paid in five months. Oh is that an issue calling her out on what she has done? She has CHOSEN to not pay the mortgage. She has CHOSEN to spend her money on other things. Those are facts. Whether she could declare bankruptcy on cable matters not in a contempt hearing. Cable is not worth it if you cannot afford the ROOF over your head. And walking away? She is not in the clear as much as you seem to put out there. She does have issues and since she hasn't shared the divorce decree wording she needs to see an attorney to see what her options are without digging a hole for herself. Because she could find herself deeply in the hole financially. Just because ex hasn't paid child support doesn't mean she can screw him on the house. That is fact. As is everything else I stated.

I didn't admit to fraud at all....there's something seriously wrong with you?
I havent CHOSEN to not pay the mortgage>>> I can't
I've tried to refi ~ can't
I've tried to mod ~can't
and I haven't been on vacation or bought gifts???


I chose to try and make my kids life stable ~ and I have
I CHOOSE to clothe and feed my kids and take care of their health ~ which he doesn't nor has he ever!
I'm not ashamed of trying to give them the best I could

Do you think this would be the position I would choose to be in?

and as for paying for an attorney ~ if I had any $$ I would use it to pay the mortgage

just thought this would be an informative way to get some well needed advise ~ not to be bashed further down

P.S. LbiJ - thank you!
 

bfreitas

Junior Member
A heroin and crack addict with more income and better credit than you???
hahahahahhaha

I have GREAT credit ~~ the ONLY good credit he had was when i was paying the mortgage


You don't know me

I was approved for the refi ~~~~ if you could read you would see that

He stole everything to do drugs with and put it all on the house without me there!!!
100,000.00 worth

Then left me with the kids to deal with paying for it all

If you think that's funny ~ you put yourself just as low as him
 

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