divorce and liability release

[bob111781]

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

I have been divorced for 6 months, and our marital home has been on the market for over a year. Over the course of the year, the value of our home has depreciated, and now we are in negative equity.

Per our divorce agreement, we both stated that the house would go up for sale and agreed we would not foreclose. We also agreed I would pay for any losses on the house if we were to lose money. We both moved out, and I continued to pay for the entire mortgage (even though I do not live there).

I tried for a short sale, but my ex-wife was uncooperative and did not send the proper paperwork. Since she does not have to pay for the house and does not live there, being unresponsive does not affect her at all. I recently spoke with our bank and prepared a liability release packet for her (releasing her from the mortgage and debt - this way, at least I can move back into the house I am paying a mortgage on). I sent her the packet along with a brief message explaining the matter, and she still refuses to respond. Once again, the house does not affect her any, and she just wants to be uncooperative.

At this point, I am sick and tired for paying for a house I do not live in. I am willing to foreclose if she continues to ignore my attempts at resolving the matter. Since we agreed to not foreclose in our divorce agreement, can she sue me if I stop paying for the house and let it go into foreclosure?What is the name of your state (only U.S. law)?

 

[mistoffolees]

Please tell us what the decree says about the house. Word for word (but without the names).

 

[Bali Hai]

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

I have been divorced for 6 months, and our marital home has been on the market for over a year. Over the course of the year, the value of our home has depreciated, and now we are in negative equity.

Per our divorce agreement, we both stated that the house would go up for sale and agreed we would not foreclose. We also agreed I would pay for any losses on the house if we were to lose money. We both moved out, and I continued to pay for the entire mortgage (even though I do not live there).

I tried for a short sale, but my ex-wife was uncooperative and did not send the proper paperwork. Since she does not have to pay for the house and does not live there, being unresponsive does not affect her at all. I recently spoke with our bank and prepared a liability release packet for her (releasing her from the mortgage and debt - this way, at least I can move back into the house I am paying a mortgage on). I sent her the packet along with a brief message explaining the matter, and she still refuses to respond. Once again, the house does not affect her any, and she just wants to be uncooperative.

At this point, I am sick and tired for paying for a house I do not live in. I am willing to foreclose if she continues to ignore my attempts at resolving the matter. Since we agreed to not foreclose in our divorce agreement, can she sue me if I stop paying for the house and let it go into foreclosure?What is the name of your state (only U.S. law)?

She's in contempt of court. Take her to court and ask the judge to order her to cooperate. Ask that she pay your attorney fees, sanctions and any other damages she incured from her uncooperation and contempt.

 

[bob111781]

(Both parties) agree the house shall be put up for sale. (Both parties) agree the house will not go into foreclosure.

 

[bob111781]

She's in contempt of court. Take her to court and ask the judge to order her to cooperate. Ask that she pay your attorney fees, sanctions and any other damages she incured from her uncooperation and contempt.

Is she in contempt of the court for not signing paperwork for the short sale?

Before I consider foreclosure, I am going to have a lawyer reach out to her first. I just wanted to make sure she has no grounds to sue before I get lawyers involved.

 

[LdiJ]

Is she in contempt of the court for not signing paperwork for the short sale?

Before I consider foreclosure, I am going to have a lawyer reach out to her first. I just wanted to make sure she has no grounds to sue before I get lawyers involved.

There is absolutely no reason why you cannot live in the house while it is on the market. You never both had to move out in the first place. So by all means, move back in, but keep it on the market.

 

[Bali Hai]

Is she in contempt of the court for not signing paperwork for the short sale?

Before I consider foreclosure, I am going to have a lawyer reach out to her first. I just wanted to make sure she has no grounds to sue before I get lawyers involved.

She would have suffered no loss on the short sale since you agreed to cover any losses on the sale.

She did not follow the court order and therefore is in contempt of court.

If you let the mortgage go into foreclosure, YOU will be in contempt of court.

 

[Bali Hai]

There is absolutely no reason why you cannot live in the house while it is on the market. You never both had to move out in the first place. So by all means, move back in, but keep it on the market.

What does any of this have to do with his ex-wife's contempt?

 

[ecmst12]

Unless the decree requires her to cooperate with short sale proceedings, she is NOT in contempt. Nor does she have to allow her name to be refinanced off of the house or sign any other paperwork other than for a regular sale.

I am thinking she wants to leave it on the market longer, hoping the value will bounce back and allow you to make some money on the sale, which she would get to share in....since you have assumed responsibility for the payments, it hurts her not at all to wait it out. And if you let it go into foreclosure, YOU will be in contempt.

 

[LdiJ]

What does any of this have to do with his ex-wife's contempt?

Bali, he asked if he could move back into the house. I was answering THAT question.

 

[mistoffolees]

She would have suffered no loss on the short sale since you agreed to cover any losses on the sale.

She did not follow the court order and therefore is in contempt of court.

Which part of the court order did she violate? She didn't allow the house to go into foreclosure. The house is on the market. She is in compliance with the court orders.

Of course, the court orders are foolish and OP can ask the court to modify them, but I don't see any grounds for contempt.

 

[Bali Hai]

Which part of the court order did she violate? She didn't allow the house to go into foreclosure. The house is on the market. She is in compliance with the court orders.

Of course, the court orders are foolish and OP can ask the court to modify them, but I don't see any grounds for contempt.

She blocked the sale of the house, period.

Similiar situation happened with me. House was appraised and on the market. Purchase offer came in below appraisal. Ex signed purchase offer, I did not. Instead, I offered to buy her out at the purchase offer price that she accepted. She refused and wanted the full asking price. I refused and the judge found me in contempt for not selling the house.

I don't see any difference with OP's situation.

It's time for the courts to hold women just as accountable as they do men.

 

[Bali Hai]

Unless the decree requires her to cooperate with short sale proceedings, she is NOT in contempt. Nor does she have to allow her name to be refinanced off of the house or sign any other paperwork other than for a regular sale.

I am thinking she wants to leave it on the market longer, hoping the value will bounce back and allow you to make some money on the sale, which she would get to share in....since you have assumed responsibility for the payments, it hurts her not at all to wait it out. And if you let it go into foreclosure, YOU will be in contempt.

And what would be a reasonable length of time to let her screw OP around?

 

[mistoffolees]

She blocked the sale of the house, period.

Where does the decree say that she has to accept any low-ball deal that ex brings around?

She has to follow the court order. That means the home must be listed for sale and must not be allowed to go into foreclosure. She has done that and is therefore not in contempt.

Furthermore, there's no sign that an offer was even on the table, so how did she block a sale if there was no formal offer?

OP can ask the court to order her to accept a short sale, but until that happens (AND he brings an offer to the table that meets whatever limits the court sets), she's not in contempt - no matter how much you wish she were.

 

[Bali Hai]

Where does the decree say that she has to accept any low-ball deal that ex brings around?

She has to follow the court order. That means the home must be listed for sale and must not be allowed to go into foreclosure. She has done that and is therefore not in contempt.

Furthermore, there's no sign that an offer was even on the table, so how did she block a sale if there was no formal offer?

OP can ask the court to order her to accept a short sale, but until that happens (AND he brings an offer to the table that meets whatever limits the court sets), she's not in contempt - no matter how much you wish she were.

In my situation, I was not in contempt either.

It all boils down to biased judges looking out for women and putting the screws to men.