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casketkid · Joined: 17 Mar 2009 Posts: 1 2.04 Dollars($)

we divorced on 2006 .we have 2 properties.one was awarded on my name and other on her name.she didnot made any payments more than a year and now it got foreclosed.that house has a loan with my name also.
On the divorce paper it clearly states that "wife is responsible for refinance or otherwise remove husbands name from the obligation on the house within 6 months from the entry of final judgement in this matter".
now on the other property which is awarded to me also has her name but i cant refinance until 2 years also.also i cant get any loan until 7 years.so I dont know how can i sue her.She has been harrassing me in so many ways.now its time for me also to play a game.she has got the 1999 van and i got 1980 junk car.she has got whatver she wants and still wants more money .how can i give her punishment for taking advantage from me everyway possible.
i live in tennessee and she lives in georgia.

gmakerley · Posted: Tue Mar 17, 2009 5:50 pm Post subject:

i have said it before, and i will say it again. anyone can sue anyone else for anything at any time. whether it will be successful is another story.

it's pretty clear from your post that she defaulted on the mortgage and lost her home to foreclosure just so she could punish you.
this is the most litigious society on the planet. if someone looks at us the wrong way, all we can do is think of suing.

please don't think i don't see the serious nature of your beef here, casket. you apparently got the raw end of the deal, and your pain is certainly obvious. i just tire of the desire to sue all the time.

you need to discuss all this with your divorce attorney and perhaps go back to the court that issued the divorce decree to see about enforcement. i am not a divorce expert (even though i have experience), but that's (to me) the way to begin...maybe you've already done that.

jameshogg · Posted: Tue Mar 17, 2009 7:39 pm Post subject:

Hi casketkid,

I agree with George that you need to contact your divorce attorney and discuss the case with him/her. As your wife has not removed your name from the mortgage though the divorce decree stated so, I guess you'll be able to sue her.

Thanks

manoj_gopale · Joined: 16 Feb 2009 Posts: 488 0.00 Dollars($)

i have some other aspect to look at it.if you are sueing her on the basis of not paying the mortgage (or whatever else you think of) then it may be a possibility that she may sue on the same basis for not paying the due for mortgage as you also have one property.

gmakerley · Posted: Wed Mar 18, 2009 6:47 am Post subject:

manoj, where in the world are you getting that? please read the original post more clearly. nowhere was it stated that he's not paying his mortgage.

Guest

You can have your divorce attorney file a motion of contempt because she did not do as it stated in the decree. I'm currently in process of doing that because my ex-wife has not paid the mortgage since the finalization of the divorce, and I'm forcing her out of the house so I can live there and rebuild my credit. In addition to that to paying the past due mortgage she's accrued and a lease buyout on my apartment, I'm suing her for the total amount of those based on the contempt charge and legal fees. Attorney said I have a 80% chance of winning hands-down, because the mortgage and my lease buy out wouldn't be an issue if she would have let me keep the house (I can afford it- she can't) in the divorce because she knew prior to that she couldn't afford it and did it out of spite.

Guest

to Busasniper, or any one else, my ex has not re-financed like the decree ordered, my atty that handled the case said I could take her back to court but would probably prove unsuccessful since she has also just filed for bankruptcy. So Now what ?

gmakerley · Posted: Tue Nov 03, 2009 1:11 pm Post subject:

that bankruptcy filing has probably gummed up the works completely for a while.

Guest

I was devorced in 2002 , i was not advised of the date of the devorce . My ex wife used the internet and a family lawer to devorce me . Leading me to believe that everything was alright . I went through a state of depression , lost my company , bankruptsy , and losing my wife . In a nut shell , she devorced me and i was not there . She has ruined me , using a previous jiont tax return for proof of MY income and based the support on that return . I was told i could not do anything about the ruling , not untill it was too late did i find out that you legally have a year or two to have the devorce overturned . Now i would like to file a civil lawsuit against my exwife for falsifying and lying to the family court and to me . Is this possible ? Our children are of adult age and are independent .

gmakerley · Posted: Fri Dec 04, 2009 8:12 am Post subject:

anyone can sue anyone for anything at any time.

that being said, it's also quite true that many lawsuits are unsuccessful, frivolous and a waste of everyone's time.

can you sue your former wife? of course, you can. will you win? who knows?

Guest

My wife had an affair for 8 months with a co-worker and when I found out about it we got divorced. She felt guilty at the time and was fairly nice in the divorce proceedings. She left me the house (not that altruistic of a move since we had only bought it 3 months before after she had fallen in love with it so there was no equity to speak of) and we signed something that stated she was not responsible for the mortgage on the house (we had a 80-10-10 loan). I kept the house for a year but could not afford it so I sold it. The title company didn't pay off the 10% loan and I didn't catch it until 6 months later when the bank contacted me asking me why I was behind on my payments. I told them I already sold the house and they were crazy and that is when I discovered that the title company made a mistake at closing. I attempted to pay for another couple of years on the 2nd loan but it all became financially too much and I quit paying. In the process it wrecked my credit.

Last year my wife got remarried (to the guy she had the affair with; it took so long because he was married too and had a harder time getting divorced) and now they are trying to buy a house and she discovered that the bank also jacked her credit. I didn't think they could do that since the paperwork was signed saying that it was my responsibility. However, the bank said they don't care and that someone owes them.

My wife sued and won and I have been ordered by the Texas Judicial District to pay her $21,000 plus court costs and her attorney fees and so forth. I am not going to pay her a dime since I didn't do anything to her intentionally and I feel she is at least as much at fault as I am since she is the one who insisted we buy the house knowing she was having an affair for 5 months prior to us buying the house. We had enough to put 20% down but she wanted to update the home before we moved in so we used some of our down payment money to put in new flooring and paint.

My question is what will happen now? I will never pay her a dime even if that means I will go to jail. I am considering bankruptcy but not sure if that will help.

Any advice?

gmakerley · Posted: Fri Jan 29, 2010 8:37 am Post subject:

johnny...while i was typing my response to your other post, you were posting this one above. please be patient. click below to see my response.

http://www.mortgagefit.com/know-how/about34017.html#147279

Guest

My wife divorced me in 2008. As part of the decree she was to pay a credit card(that was under my name). She also stayed in our house and was responsible to pay all utilities( again all under my name). She didnt pay either and now I have creditors after me! She also was decreed to pay half of a payment we owed to the IRS(200.00 a month) so she refused to pay her 100.00 so I have been sending the full 200.00. NOW... she has filed her income tax using the two dependents that according to the divorce decree I shall use.(I had filed electronically so she did on paper and if the IRS rules in her favor I will owe more taxes). She clearly refuses to follow the divorce degree. Should I sue her? In your opinion do I stand a chance of winning? Any advice!!???

gmakerley · Posted: Tue Feb 16, 2010 3:16 pm Post subject:

wouldn't you consider to be in contempt of the decree and therefore absolutely subject to some sort of punishment by the court? i'd think so.

gmakerley · Posted: Tue Feb 16, 2010 3:18 pm Post subject:

posting the same question again won't bring you better answers, NH.

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