violation of divorce decree

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Latest post 12-01-2010 4:51 PM by riverjazz. 8 replies.
  • 11-12-2010 12:45 PM

    • riverjazz
      Consumer
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    • TX
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    violation of divorce decree

    My divorce decree, dated August 30, 2004, stated that my ex had 120 days from that date to remove my name from the mortgage on the house.  He never even attempted to do so.   What recourse do I have?  I want my name off of that mortgage.

  • 11-12-2010 1:04 PM In reply to

    • Drew
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    • Joined on 03-30-2000
    • PA
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    Re: violation of divorce decree

    Well you seek contempt and such sanctions/costs  as the court will entertain.

    The problem is  if its not a financial impossibility  for him to perform the court may not hold him to an impossible task--now a difficult task is a different story--that they can hold his feet to a fire..

    Have you made repeated demands on paper that he perform?

    Has this impacted you/damaged you--can your prove it.  (In theory you are still on the hook to pay--but that's hard to articulate as damages if the loan is not in default. )

    How do you know/prove he failed to even make a try at it?

    Lets assume its improbable for him to perform--what remedy do you think should be delivered to you.

     

     

    Are you still on the deed?



  • 11-12-2010 2:41 PM In reply to

    Re: violation of divorce decree

    He cannot just remove your name off the mortgage. That can only be done with a refi or to sell it. Is there even any equity in the home to make a refi possible?

  • 11-16-2010 12:53 PM In reply to

    • riverjazz
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    • TX
    • Posts 4

    Re: violation of divorce decree

    There is equity in the property.  The decree stated very clearly that he had 120 days to remove my name from the mortgage.  He hasn't done so.

  • 11-16-2010 12:59 PM In reply to

    Re: violation of divorce decree

    He probably is not "approvable" by any mortgage company to refinance.  Better get to court now as he's had many years of a free ride.  You'll probaby have to force him to sell now, by court order.

  • 11-19-2010 6:07 PM In reply to

    • riverjazz
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    • TX
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    Re: violation of divorce decree

    I found out that he hasn't made a mortgage payment since Sept.  I don't think he would be able to refinance. I just want my name off of that mortgage.  He lives in the house.  I haven't been back there since the divorce.

  • 11-19-2010 6:14 PM In reply to

    Re: violation of divorce decree

    riverjazz:
    I just want my name off of that mortgage. 

    You keep saying that but it's not going to happen unless he refinances into his own name or sells to somebody who gets new financing.

    riverjazz:
    he hasn't made a mortgage payment since Sept. 

    Then it's likely that the lender will foreclose and your credit will be trashed along with his.

    Texas is a non-recourse state so at least the lender won't be coming after you for money.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-19-2010 8:53 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,504

    Re: violation of divorce decree

    What does order say about distribution of any equity?

    Is he employed at a wage which likely he could refinance in his own name? Court will NOT hold him to an impossible task!

    Attaching an economic value to his getting a free ride on your credit for 6 years is not going to be easy --but in your shoes I might try to secure a large loan for something and hope I got turned down because I was tied to his failure to perform--and paper the turn down well.

    Why did you wait to so long. Would not the obvious cure been to force the sale of the home if he was unableor unwilling to comply with the order.

    How do you now get blood out of a stone?



  • 12-01-2010 4:51 PM In reply to

    • riverjazz
      Consumer
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    • Joined on 11-12-2010
    • TX
    • Posts 4

    Re: violation of divorce decree

    The Lender is harrassing me for the payments.

    I don't know if he is employed or not.  I haven't seen or spoken to him since the divorce. 

    The attorney I used won't return my calls or reply to my emails.   I have contacted the court but they won't reply either.

    I'm going to file complaints with the Bar.

     

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