Foreclosure after divorce

[JBwool]

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

My ex was ordered to take my name off of both mortgages and did not do so. He has now been ordered to sell the house but is not cooperating with the realtor. Now I am going back to court to try and force him to cooperate and I am hoping for a short sale instead of a foreclosure. My ex recently told his lawyer he is planning to stop making payments.

Other than taking him back to court to try and force a sale or short sale is there any other recourse available to me since he has defied every court order?

Thank you in advance.

 

[FlyingRon]

Nope and frankly not being able to comply is not the same as defying. There's no magic way to take someone off a mortgage. The old mortgage will need to be paid off/refinanced. Nobody can cram a short sale down the lender's throat either.

Unfortunately, short of some specific action the court can compel that is actually practical, you're going to get screwed. The divorce court will not trump the obligation you made to the bank when you took out the mortgage.

 

[nextwife]

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

My ex was ordered to take my name off of both mortgages and did not do so. He has now been ordered to sell the house but is not cooperating with the realtor. Now I am going back to court to try and force him to cooperate and I am hoping for a short sale instead of a foreclosure. My ex recently told his lawyer he is planning to stop making payments.

Other than taking him back to court to try and force a sale or short sale is there any other recourse available to me since he has defied every court order?

Thank you in advance.

Was there sufficient equity with which to refinance? If upside down, a refi may be impossible (unless you and he bring in sufficient funds to create the needed LTV ratios. The lender does NOT have to agree to remove a coborrower, no matter what a court orders.

As stated, the lender may not be agreeble to a short sale, especially if they feel BOTH THEIR BORROWERS should contribute toward the shortfall. This is part of what I do, analyze short sales, and many banks are disinclined to take the hit simply so a spouse is spared the inconvenience of still being on the mortgage. If one borrower does not have sufficient income, DTI ratios, or equity, the lender has no reason to take on the risk, or let the coborrower walk away from the mortgage.

If you don't want the foreclosure, petition to take over possession and YOU make the payments.