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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

savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Thu, 06/25/2009 - 04:09 | Post subject:

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