Property Settlement 1999 - debt taken on by ex-husband now on me???

[LdiJ]

Yes - my attorney advised that if the Motion to Satisfy judgement is not signed, AND we have to take it to court that I will seek council fees and (if our refinancing falls through because of it) - damages in that amount.

I am more inclined to agree with your attorney than the other posters.

Your ex had a duty to indemnify you against that particular debt. Whether you discovered the problem 15 years ago or just now, doesn't change that.

 

[Zigner]

I am more inclined to agree with your attorney than the other posters.

Your ex had a duty to indemnify you against that particular debt. Whether you discovered the problem 15 years ago or just now, doesn't change that.

Against the debt, sure. Against the hypothetical damages though?

 

[LdiJ]

Against the debt, sure. Against the hypothetical damages though?

Yes, against the hypothetical damages as well. That is the whole purpose of an indemnification clause.

 

[momofrose]

Thank you - I do not want this to go to court - I want to be clear...I really just want it to be taken care of with a Motion to Satisfy Judgement signed and filed so we an continue with our refinancing. I am not out to burn anyone...as they seem to want to do to me.

 

[Zigner]

Thank you - I do not want this to go to court - I want to be clear...I really just want it to be taken care of with a Motion to Satisfy Judgement signed and filed so we an continue with our refinancing. I am not out to burn anyone...as they seem to want to do to me.

You will need to pay the judgment and go after the ex. Your failure to mitigate may adversely affect you.

 

[Ohiogal]

Yes, against the hypothetical damages as well. That is the whole purpose of an indemnification clause.

Indemnification does NOT protect against HYPOTHETICAL damages but ACTUAL ones.

 

[momofrose]

You will need to pay the judgment and go after the ex. Your failure to mitigate may adversely affect you.

Failure to mitigate??? Umm.... I did not know there was anything to mitigate...I think I will stick with my attorney's advice (and LdiJ)...bring him to court and have the judge command him to satisfy this judgement as per the property settlement.

My attorney advises that if this goes to court that he will ask my ex to pay the council fees (per court ordered property agreement) and he believes the court will find my ex fully responsible for this judgement.

Everything you have said to me is very negative against me...he was the person who was behind this scheme from 16 years ago! I am in the victim here - now please...

 

[momofrose]

Indemnification does NOT protect against HYPOTHETICAL damages but ACTUAL ones.

I do not want hypothetical damages...I was asking if we lose the refinancing because of this..

 

[Zigner]

Failure to mitigate??? Umm.... I did not know there was anything to mitigate...

But you SHOULD HAVE KNOWN. You chose to bury your head in the sand.

 

[Ohiogal]

I do not want hypothetical damages...I was asking if we lose the refinancing because of this..

That is not actual damages.

 

[momofrose]

But you SHOULD HAVE KNOWN. You chose to bury your head in the sand.

Bury my head??? You are ridiculous! Thanks for no useful advice whatsoever. Have a nice day

 

[momofrose]

That is not actual damages.

If we lose $17,000.00 due to not being able to refinance that's not damages?? I guess we can hopefully try again once this is settled and so there will be no damages... I just want it settled...

 

[Ohiogal]

Bury my head??? You are ridiculous! Thanks for no useful advice whatsoever. Have a nice day

Most people when doing due diligence get a copy of their credit report and peruse it before trying to get a loan. They do that every year to keep on top of things and correct any issues or errors. How many times in the last 15 years did you do that? How many times in the last ten years? In the last five years? Did you do it before applying for the loan? Expect that to be an issue. As for ridiculous -- you are the one being ridiculous. You did not take care of your business and be responsible about your credit.

 

[Ohiogal]

If we lose $17,000.00 due to not being able to refinance that's not damages?? I guess we can hopefully try again once this is settled and so there will be no damages... I just want it settled...

No, that is not damages. Because you could have checked your credit report FOR FREE prior to applying to refinance. Did you do that? Did you check your credit report with each agency prior to applying for $17,000? If not that is a failure of you to behave responsibly.

 

[momofrose]

Most people when doing due diligence get a copy of their credit report and peruse it before trying to get a loan. They do that every year to keep on top of things and correct any issues or errors. How many times in the last 15 years did you do that? How many times in the last ten years? In the last five years? Did you do it before applying for the loan? Expect that to be an issue. As for ridiculous -- you are the one being ridiculous. You did not take care of your business and be responsible about your credit.

DO YOU READ???? THIS WAS NOT on my credit report!! Still isn't!!!