How Can I Force My Ex-Wife To Sell The House Since She Defaulted So Much That Bank Started Foreclosure Process

Ex wife constantly late on her mortgage payments. She was awarded the house in divorce but no copy of judgment filed at the register of deeds office. I never signed a quit claim deed. my name is still on the note. Me and my new wife got served with foreclosure papers. Now ex is saying she made last chance program arrangement with loan company. I called and she hasn’t paid yet this month. I feel like a sitting duck. I can’t afford to make her mortgage payment (I’m paying off 2nd mortgage as ordered in decree and always on time) She won’t refinance (wasn’t ordered to in divorce decree but language does say “hold harmless”) She could ask her parents to cosign but she won’t. My new wife says we should petition the court to have her held in contempt and also force her to sell the house. We haven’t heard anything more on the foreclosure but are afraid the bomb could drop any day if she misses more payments. Do we need a real estate attorney or can family court force her to sell
Ex wife has ability to pay but instead she buys expensive clothes, gets her nails done, goes to expensive hair salons ect. She’s taking a vacation this weekend with her boyfriend who has been living with her since the divorce. She lives 3 blocks away and we have the kids every other night but pay most of the expenses. She has been consistently 30-90 days late on the mortgage payment for 3 years now. It’s all on my credit report (otherwise, credit would be perfect!) I want her to sell the house. Whatever it takes. This is absolutely insane that my new wife and I can’t buy a house because my ex refuses to meet her obligations. Oh, she bought a really nice new car last year also. Down the street, we eat hamburger helper, buy used clothes and scrimp to raise my two kids and my new wife’s two kids. I would think that someone could give us some direction. Want to know if family court can order her to sell. We both used the same bankruptcy attorney for divorce also. He was awful.

...asked on August 4th, 2012 @ 7:14 pm in Foreclosure

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tough one here. Go to family court since she is in contempt

...answered by golferwhoworks on August 4, 2012 @ 7:14 pm

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Unfortunately you are in a bad situation: You should contact your lawyer on the divorce case to see what your option maybe,

But a few things: First the family court does not have jurisdiction to remove your name from the note, hence until the ex can refinance or sell the place you are on the hook legally for the note as you are well aware

Now without knowing all the facts, it maybe impossible for your ex to refinance, that fact that her parents can co-sing is immaterial the courts can not require them to co-sign, so if she can not refinance herself then the only option is to force a sell, but this will not be easy and without knowing once again all the facts can you sell the house in this market for the value of the loans? hard to say plus most houses take 9 to 12 months to sell, in which the first note could foreclose on

if the house is negative equity then the only option is a short sale, but a bank will not even consider a short sale until the person has a patter of non-payments with a delinquent Balance, which hurts your credit

so talk to a lawyer about what your option are, on the contempt not sure what they will accomplish as toward getting the place refinance or sold, since if she in good faith can not afford the first note she is not in contempt

...answered by goz1111 on August 4, 2012 @ 7:59 pm

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First, call the bank to see if they have your loan documents. I was reading that often times, banks lose the documents after it’s been sold 2,3,4,5, 7,8 times!

Also, check to see if you have your own copy.

From there, you’ll know if forclosure proceedings can even take place. Courts can’t do anything without those docs.

Good luck!

...answered by RoyalGossip on August 4, 2012 @ 8:33 pm

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You are in a bad situation. You needed to take care of this when you split up and the divorce decree was fresh to avoid these types of problems.

Every time she is late with a payment it affects your credit and your life with your new wife. Contact the mortgage company and tell what has happened, that you are divorced and that, by decree, you are not responsible for the mortgage anymore. Sign a quit-claim deed if necessary. Figure out what it takes to get off of the loan and do it.

If she wasn’t ordered to refinance in the decree then she isn’t in comtempt. It’s the lender who needs to release you anyway. You will need a lawyer (again) if you can’t get off of the loan in any other way.

good luck!

...answered by Rush is a band on August 4, 2012 @ 9:32 pm

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