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

[momofrose]

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.

OMG - It is NOT on my credit report!!! I stated this earlier...it was only found when the title company did a search in NJ with my maiden and previous married names - I check my credit report every year!!!

 

[OHRoadwarrior]

I don't see that it really matters when she discovered the debt was not paid. Though she could take her ex back to court for contempt and possibly get a judgment for the money to pay back his parents, I doubt the court will hypothesize on how much she could now possibly save in a refinance and award it.

 

[Silverplum]

That's what I was thinking, ORW. The $17K doesn't exist: it's a potential, it's a possibility, but so is rain.

I also see the OP is taking out her frustrations on the advisors.

 

[Zigner]

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

Of course it's not...15 years later...

 

[momofrose]

That's what I was thinking, ORW. The $17K doesn't exist: it's a potential, it's a possibility, but so is rain.

I also see the OP is taking out her frustrations on the advisors.

My frustration is only with ONE of the advisors - I am sure you can figure out who that may be - just now the snide comment about my credit report - why?
I am telling everyone that it is NOT - I check it every year and checked it again 2 months ago before we went to refinance. So the sarcasm is not necessary.

 

[Zigner]

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

14 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
13 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
12 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
11 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
10 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
9 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
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3 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
2 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
1 year ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?

As a related question: At what point did you stop thinking about this (ie: bury your head in the sand)?

 

[momofrose]

Of course it's not...15 years later...

Dude - you have serious issues - your sarcasm is not warranted...

 

[momofrose]

You are exhausting - I am done with your inane ramblings..

14 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
13 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
12 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
11 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
10 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
9 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
.
.
.
.
.
3 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
2 years ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?
1 year ago, did you know the judgment wasn't paid? If yes, why didn't you follow up on it? If no, why didn't you know?

As a related question: At what point did you stop thinking about this (ie: bury your head in the sand)?

 

[Zigner]

You are exhausting - I am done with your inane ramblings..

Again, why, in the last 15 years, did you not think to verify that the judgment against YOU was paid off? Especially since the judgment was incurred AFTER your divorce?

ETA: Just remember this: had you dealt with this 14, 13, 12 (etc) years ago, then you wouldn't have a problem now. You failed to mitigate.

 

[Silverplum]

I am absolutely certain that, if *I* had posted this:

You are exhausting - I am done with your inane ramblings..

I'd be banned for a week or more. (I speak from somewhat amusing experience.)

 

[latigo]

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

Hi - I haven't been here in a while because (thankfully) I hadn't needed advise post divorce. Well now I do

In 1999 (September) - My divorce was finalized inclusive of property settlement and child custody.

In that property settlement all assets and liabilities were assigned (of course). Part of the property settlement was that my ex would take n the debt to his parents ($44,000.00). This amount included the money loaned to purchase the house as well as many many dollars when my ex (their son) was out of work. It CLEARLY states in the property settlement that "each party will assume and pay the respective debts and will indemnify the other party therefrom and hold the other party harmless therefrom, including reasonable counsel fees.

In December 1999 - my ex-in laws filed a judgement against their son and I for the monies owed. When this happened I asked my divorce attorney and she advised that she had spoken with my ex's attorney and this was being done to protect the monies they were due since my quit claim deed had not gone through yet (I signed over the house). A lien was placed. My ex sold the marital home in 2004 for about $200,000 in profit (good for him)

Flash forward this month. My husband and I try to refinance our home to save about $17,000 in interest when voila...this judgement pops up. It is noted as my ex's liability as being satisfied and under my name "still active".

I have retained an attorney who has reached out to both my ex father in law and my ex. The ex-father in law advised that he would not speak to my attorney but did mention that he "forgave" his son of that judgement". My ex will not speak to my attorney.


A letter demanding "motion to satisfy judgement" is going out today by the lawyer, but I assume they will NOT be compliant so back to court I go.

this seems clear cut to me, but I am not an attorney (obviously)... Does anyone know if I can be held liable for this debt that he was asssigned?

Thank you for your patience in reading this "saga"

You have my patience. Now PLEASE allow me your indulgence as what follows may be of some importance to you. And what I have to say has to do with these statements from your post:

". . . . this judgement pops up. It is noted as my ex's liability as being satisfied and under my name "still active."

"The ex-father in law advised that he would not speak to my attorney but did mention that he "forgave" his son of that judgment."

_____________

If the implication from those statements can be documented, that is that the judgment creditor released your jointly obligated ex-husband from the force of the judgment, then it would in turn release you from the force of that judgment.

It is simply a matter of basic creditor-debtor law that a joint obligation is one and indivisible and when a release is given to one or more joint obligors it discharges the others.

The fact that you haven't made mention of it suggests that it hasn't occurred to your attorney. And my advice is to hire someone to whom it will occur.
________________________

Another point of interest that may relate to the above has to do with the ex selling the home in 2004. And apparently selling it free of the same judgment lien that you are now struggling with.

You tell us that the ex father-in-law took his money judgment against you two in December 1999 four years before the home was sold. My guess is that that judgment existed as a lien on the home prior to the date it was sold. And that somehow when his son sold the home he was able to pass marketable title due to some maneuvering with the judgment lien. Ergo, "my ex's liability as being satisfied and under my name "still active."

In other words, if the lien was recorded before 2004 (most likely) the only way the ex could have sole the home is if in closing his papa released that lien.

And if the released it then - when there was ample money to satisfy it - that could also be to your great benefit!

What you need to do is to hire a lawyer with more brains and legal wherewithal that to just be "talking" to your ex and his father!

 

[LdiJ]

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

Again, you have an attorney. Listen to your attorney.