Posted on: 24th Jun, 2009 11:37 pm
My divorce decree was issued in January 2009 and the title for our family home was transferred to my former spouse. However, my name is on the loan. He has not paid the mortgage for the past eight months and is asking for a loan modification. I refuse to sign the papers for the loan modification because I have two liens on the property and my divorce decree says that if he misses three spousal support payments, the judge can order the house sold. He has failed to pay any spousal support and is in contempt of court. I have also suggested that he do a short sale but he refuses. He now tells me that he has hired an attorney to take me to court and have the judge force me to sign the loan modification papers!
1) Can he do that considering the above?
Many thanks,
Clare
1) Can he do that considering the above?
Many thanks,
Clare
To Clare,
Given the situation you've mentioned, it is most unlikely that the court will force you to sign the loan modification papers. In fact, he is in contempt of court and if he takes this matter to court, it might well be a blessing in disguise for you. You have the divorce decree with you which states that if he misses three spousal support payments, the judge can order sale of the house. Since he hasn't made any such payments to you till date, he will surely be in trouble if he indeed takes the matter to court. I don't think he is going to take any such step; he is simply trying to frighten you to force you sign the papers.
Given the situation you've mentioned, it is most unlikely that the court will force you to sign the loan modification papers. In fact, he is in contempt of court and if he takes this matter to court, it might well be a blessing in disguise for you. You have the divorce decree with you which states that if he misses three spousal support payments, the judge can order sale of the house. Since he hasn't made any such payments to you till date, he will surely be in trouble if he indeed takes the matter to court. I don't think he is going to take any such step; he is simply trying to frighten you to force you sign the papers.
my ex got a bifrucation and our divorce was final almost three years ago. he has not been in our family home for the past five years, and i've been making all the payments. he was ordered by the court to pay me x a month, which he has never paid. his father was paying me a monthly sum for the purchase of a community asset from my ex and i. now, he's refused to pay, even though he signed a promissory note and had the sale drawn up legally.
as a result of both refusing to pay, i've been unablet to pay the house payment, and it is nearly in foreclosure. in fact, my ex stated to the loss mitigation people that he wants the house to foreclose. the loan modification is one that obama passed, where they can reduce my monthly payments, and the amount pass due can be forgiven or put on the end of the loan, and there will be no fees. the rate will be 2% for five years, raising only 1 % a year, until it reaches a cap of 5% for the duration of the loan. it behooves my ex to sign the modification or quitclaim the deed to me, which allows me to qualify on my own. he refuses to do either.
due to the fact that he's causing me and our three children to be nearly homeless, and he's refused to pay court ordered support, as well as his father helping him hide his income, (which i have proof of), won't the judge be able to make him either produce financial records for the loan mod, or sign a quitclaim? isn't there a recourse when one partner is purposefully making irresponsible choices where the other partner can protect the asset?
as a result of both refusing to pay, i've been unablet to pay the house payment, and it is nearly in foreclosure. in fact, my ex stated to the loss mitigation people that he wants the house to foreclose. the loan modification is one that obama passed, where they can reduce my monthly payments, and the amount pass due can be forgiven or put on the end of the loan, and there will be no fees. the rate will be 2% for five years, raising only 1 % a year, until it reaches a cap of 5% for the duration of the loan. it behooves my ex to sign the modification or quitclaim the deed to me, which allows me to qualify on my own. he refuses to do either.
due to the fact that he's causing me and our three children to be nearly homeless, and he's refused to pay court ordered support, as well as his father helping him hide his income, (which i have proof of), won't the judge be able to make him either produce financial records for the loan mod, or sign a quitclaim? isn't there a recourse when one partner is purposefully making irresponsible choices where the other partner can protect the asset?
Hi Tammie,
If the court has ordered your spouse to pay a certain amount every month, then, he is liable to pay the said amount to you. If he is not doing so, then you can take legal actions against him. I would suggest you to contact an attorney and take his opinion in this matter. He'll be able to guide you in this matter.
If the court has ordered your spouse to pay a certain amount every month, then, he is liable to pay the said amount to you. If he is not doing so, then you can take legal actions against him. I would suggest you to contact an attorney and take his opinion in this matter. He'll be able to guide you in this matter.