Divorce orders violated

[Frustrated az]

What is the name of your state?arizona

 

[Frustrated az]

Ex refuses to sign quit claim or warranty deed over to me (I'm on deed not mortgage) foreclosure sale in10days.judge needs??judge wants hearing in 30 days how to compel judge to expedite

 

[LdiJ]

Ex refuses to sign quit claim or warranty deed over to me (I'm on deed not mortgage) foreclosure sale in10days.judge needs??judge wants hearing in 30 days how to compel judge to expedite

Why haven't you been paying the mortgage?

 

[HRZ]

What does order say?

Irrespective of what order says you might be smart to pay the mortgage and fees to current and stop the foreclosure then seek a contempt action against EX with sanctions IF she failed something ordered of her .. like deliver deed

I'm assuming you get house per order

 

[HRZ]

PS unless you are darn sure about all title and lien issues you want a warranty deed...a quit claim can be ultra weak !

 

[Frustrated az]

Yes was given house in decree. Will be using warranty deed.decree states that if either spouse refuses to sign over properties within 30days of final decree that judge or clerk can and will.requested same and was told needed to have hearing 8 20 18.is there any type form I can file to again reiterate time is of the essence

 

[Frustrated az]

Yes was given house in decree. Will be using warranty deed.decree states that if either spouse refuses to sign over properties within 30days of final decree that judge or clerk can and will.requested same and was told needed to have hearing 8 20 18.is there any type form I can file to again reiterate time is of the essence

Should also mention that deed is held by a living trust which allows either trutee him or myself the ability to transfer title
But title co hesitant to allow

 

[Zigner]

You have begged the question. Why haven't you been paying the mortgage? Also, what has been ordered may be impossible. Signing such a deed likely invokes any "due on sale" clause that may be present in the mortgage. If your ex can't come up with the money to pay that mortgage off, then she can't (shouldn't) sign such a deed.

 

[HRZ]

Laymans suggestion , get the mortgage paid like NOW to stop the pending sale , get the home safe...then proceed in court as to contempt of the order and any costs and sanctions against X as court is likely to entertain.

Assume the court process will take too long to protect home against pending actins ...

 

[Frustrated az]

Surgery and extreme medical.i do have a bridge loan in place as soon as property transferred to me. Due to other recent problems with ex don't want to pay on a mortgage he can pull away from me. I owned this house before our twenty yr marriage.he used trust to refi and put in his name only

 

[HRZ]

The title company is not party to the divorce and that may take even more time to,sort out.

 

[Frustrated az]

Also private party won't release funds till he's out of picture

 

[Frustrated az]

I understand

 

[Frustrated az]

I was hoping to get court to review sooner

 

[HRZ]

Well your x may be able to sink your ship on technical details...you best find a way to get bridge financing , even high nterest loan for a very short time , ahead of title to avoid losing home ..then sue him..

I just gotta guess you are doing this wo counsel....most unwise unless you have a good fairy in the closet willing to advance you a lot of cash secured only by your smile