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Ex-Husband at it again & again & again

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blueyes7363

Guest
What is the name of your state? What is the name of your state? FL

I am a regular here on the site.... I have had more problems (financially and physically) from my ex than Carter's has pills.
Update: I am divorced (3 years) and in the divorce decree my ex-husband was given our home to live in BUT was instructed in the decree that the home needed to be sold within 12 months. Well 12 months come and go and still - nothing. BUT during those 12 months (and for the majority of these past 3 years) he is continually late on payments, runs 90-120 days behind most of the time and just when the mortgage company starts proceeings to foreclose - he comes up with the $$ to save. (I haven't decided who is stupider - my ex or the mortgage company.) Last year (Sept. 2001) both he, I and our lawyers met and agreed (and signed) in mediation - a plan to FINALLY sell the house, pay off the mortgage and allow us BOTH an opportunity to move on with our lives. BUT NOOOOO.... as soon as a realtor was selected and a contract signed (HE picked the realtor himself 60 days after the mediation meeting) my ex refused the realestate company entry into the home to show, or when he would let people in - it was filthy, bugs everywhere, dirty clothes, etc. After 45 days, the realtor dropped the listing out of frustration. Currently, the home is 7 months behind on payments, and the mortgage company filed foreclosure proceedings and a court appearance for 7/23. Thinking this would finally be over, I did not attend the meeting (yes - I am stupid at this point!!) My ex walked into the court room on the 23rd (late) waving a receipt from his day before Chapter 7 Bankruptcy filing. The hearing was pushed to Sept. for "future review" buy the Judge, and he walked away (again) living rent free, storing up $$$ in a hidden bank account (which I found) and laughing all the way to the bank at the legal system and his "ability to beat anything". My lawyer is flabergasted and I am so annoyed I could spit nails. What can I do to get this man out of the house, get it sold and satisfy the mortgage company???? I am at my wits end!!!! Also - can I move back into the home???? I am still on the mortgage and I believe if I moved back in - it would finally force that SOB and his girlfriend to pack their bags and leave, I could clean up the house and possibly work a deal with the mortgage company to sell it and save it from foreclosure. HELP??? I have decent credit and am trying (despirately) to keep my credit in tact.
 
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Ladynred

Senior Member
Wow.. this guy's in contempt of court all over the place !!

If he's 7 months behind on the mortgage, you would have to pay all of the back payments to bring it up to date to get anywhere. Its possible that the mortgage holder will try for a relief from stay so that they can continue with the foreclosure. This seems to happen often with secured property.

I don't know if there is any way for you to get him out. If the mortgage company gets relief to continue with the foreclosure, then THEY will force him out.

As for the hidden bank account, you might be able to get that information to the bankruptcy court.. his case could be dismissed for attempting fraud if he doesn't reveal that account. Dirty pool, but it sounds like he deserves it !!! If you're listed as one of his creditors (you'll get a notice), then you can show up at his 341 and present what you have.
 
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Devitch

Guest
I read this thread and find myself in a similar situation.What if the spouse is filing for Bancruptcy and only listing a couple assets when in fact there are many other assets (proof would be the charge card reciepts).Would this constitute fraud?If not what would?Making a situation seem far worse than what it actually is?
 
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brokeD

Guest
What an ex!!!

i am also in fl. #1 i would follow what ladynred said-- notify the court & as a topper get something on paper, even if you have to dig thru his trash (once it's out it is public property). could also try for a modification of your decree. and if you must play dirty, then really get down in it!!! go for the gusto- (but be careful if you have skeletons). and since he is in contempt in SOOO many ways..maybe you could just sort of move back in. after all it is still your house as well as his, since your name remains. yeah sure, he'll be upset & maybe even call the police. have a decree handy and a piece of mail to that address with your name on it. preparation is key. sorry, don't remember...have you talked to mtg. company? will they work with you? maybe make arrangements for the arrears and then to finance ONLY to you. then you could request that he agree to sign off on house while still at court, so he doesn't have the chance to slither away again. there is much you can do for this topic, some of it not so easy though. keep your head up high-- it will make him that much crazier! let me know. "Life is an adventure!":cool:
 

Ladynred

Senior Member
to Devitch

Proving that someone is hiding assets could be a simple as showing receipts, but you might have to show proof that the assets are still in their possession. If these assets put the filer OVER the exemptions for personal property, then they can be siezed. Hiding assets is considered fraud, whether the Trustee actually asks for a dismissal based on an attempt to hide assets could depend on their value.
 

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