Divorce

[Bernie712]

I divorced in 2013 and my ex was suppose to buy my equity at the time and remove my name from the mortgage. He paid my portion of the equity but has yet to remove my name off the note. He hasn’t paid the mortgage since the divorce and they have been in the process of foreclosing for over 3 years. Can I take this property from him since I’m still on the mortgage? Do I have any legal recourse?

 

[justalayman]

I divorced in 2013 and my ex was suppose to buy my equity at the time and remove my name from the mortgage. He paid my portion of the equity but has yet to remove my name off the note. He hasn’t paid the mortgage since the divorce and they have been in the process of foreclosing for over 3 years. Can I take this property from him since I’m still on the mortgage? Do I have any legal recourse?

No you cannot take the property because you are still on the mortgage.

If your divorce decree properly addressed this and it requires him to remove you from the mortgage you seek to have the decree enforced.

You would have a claim agisnt him for anything you end up paying on the mortgage though, presuming your decree included he indemnify you for your obligations to the mortgage

 

[stealth2]

Please provide the name of the state.The exact wording of your order regarding your removal from the mortgage would also be helpful.

 

[LdiJ]

No you cannot take the property because you are still on the mortgage.

If your divorce decree properly addressed this and it requires him to remove you from the mortgage you seek to have the decree enforced.

You would have a claim agisnt him for anything you end up paying on the mortgage though, presuming your decree included he indemnify you for your obligations to the mortgage

If he hasn't paid the mortgage in three years and its in foreclosure, he is not going to be taking her off of it. Its far too late for that.

 

[HRZ]

Your credit rating is probably already taking a big hit ...now whether that translates into actual quantifiable damages to you is another story...but you need to be concerned.

IF the order required that he refinance or otherwise get your name off mortgage you were most unwise to let it drag out this long without addressing contempt of the order.

You may have a big practical problem if his finances are such that to catch up and refinance are " impossible "..court cannot require him to do the impossible.

HOWEVER if it is likely his financial picture is such he could comply with order , I suggest you get counsel and head back to court ...

You did not give your state ...but in some states it may be possible for lender to seek that YOU make up any short falls in thier recovery process inc costs.

 

[justalayman]

If he hasn't paid the mortgage in three years and its in foreclosure, he is not going to be taking her off of it. Its far too late for that.

I don’t know the entirety of the facts of the situation. With foreclosure, until a judge bangs the gavel and any subsequent redemption period has expired, it’s not too late.

There isn’t enough info here to make any solid answers to any questions.

 

[Zigner]

I don’t know the entirety of the facts of the situation. With foreclosure, until a judge bangs the gavel and any subsequent redemption period has expired, it’s not too late.

There isn’t enough info here to make any solid answers to any questions.

I think LdiJ was addressing the practical aspect, not the legal aspect. I tend to agree with LdiJ - it's not going to happen. The guy is so far behind that there's very little practical chance that he's going to fix this to get her name off the mortgage.

 

[justalayman]

I think LdiJ was addressing the practical aspect, not the legal aspect. I tend to agree with LdiJ - it's not going to happen. The guy is so far behind that there's very little practical chance that he's going to fix this to get her name off the mortgage.

Op still has to seek enforcement of the decree if it ordered the removal. That is the only relief op will recieve as far as ex indemnifying op for the fallout that is soon to come.

 

[Zigner]

Op still has to seek enforcement of the decree if it ordered the removal. That is the only relief op will recieve as far as ex indemnifying op for the fallout that is soon to come.

True...but again, that's the legal aspect. Practically, the OP is going to be caught up fully in whatever fallout is coming and will find little-to-no help from any indemnification that may be offered by or ordered of the ex.

 

[Bernie712]

We reside in NewJersey. I have been to court a few times before due to him not complying with the judge and each time he gave an excuse that was a lie, saying he was in communication with the mortgage company. Upon speaking with the mortgage company he sent in a cease in desist letter for no communication and he also tried to get a hardship but what told he made too much money.

 

[HRZ]

Well that reads a bit different than inability to do it...it reads at least from OPs viewpoint like consistent efforts to not get it done ...but OP, what the mortgage firm may have told you is hearsay ...if you are seeking to hold his feet to,fire I suggest You use counsel and be sure of the best possible posture and seek sanctions including costs ..perhaps the judge is tired of your EXS double talk , especially if he had clear economic ability to get it done ...but your odds may depend on having a good advocate .

 

[STEPHAN]

Upon speaking with the mortgage company he sent in a cease in desist letter for no communication

Makes no sense. If you are on the mortage it is you loan and you are fully responsible for it. Sure you can talk to the morgage company about your loan.

 

[not2cleverRed]

We reside in NewJersey. I have been to court a few times before due to him not complying with the judge and each time he gave an excuse that was a lie, saying he was in communication with the mortgage company. Upon speaking with the mortgage company he sent in a cease in desist letter for no communication and he also tried to get a hardship but what told he made too much money.

You do realize that such a "cease and desist" letter is a threat (to take you to court), not a court order, do you not?

Even in the fact of a credible threat - if you believe that he truly would try to follow through on the legal threats in the cease and desist letter - if things are as you say they are, it would have been well worth ignoring. So long as your name is on the mortgage, you have a right to know what's up. Or better yet, respond to the cease and desist letter with your own - that unless and until your name is removed from everything to do with the house, you will continue to monitor the situation in order to protect your credit and yourself, financially.

 

[PayrollHRGuy]

I think she means he sent a C&D letter to the mortgage company to stop collection calls. At least that is the way I read it.

 

[LdiJ]

Well that reads a bit different than inability to do it...it reads at least from OPs viewpoint like consistent efforts to not get it done ...but OP, what the mortgage firm may have told you is hearsay ...if you are seeking to hold his feet to,fire I suggest You use counsel and be sure of the best possible posture and seek sanctions including costs ..perhaps the judge is tired of your EXS double talk , especially if he had clear economic ability to get it done ...but your odds may depend on having a good advocate .

Making too much money to qualify for a hardship does not automatically equal having enough money to actually fix the problem. I hesitate to advise this OP to pay out good money for an attorney for something that for all practical purposes, may not be fixable. He is hurting himself as much, if not more than he is hurting her by not paying the mortgage. She has her share of the equity, his is still wrapped up in the house. Unless he is willing to do serious financial damage to himself, in order to trash her credit, there is no motivation for him to not pay the mortgage if he has the money.

He could have put the house on the market and sold it.