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Joined: May 2002
Posts: 439
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Joined: May 2002
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Ok. I've been very patient!<p>DV almost 3 years. Decree states home will be sold ASAP! He has done NOTHING about selling it.<p>I've gotten at least 10 emails from people relocating to the area that are interested in buying it. <p>I keep asking him what he's going to do, and he tells me he doesn't want to sell it or move. So, I say fine, then at least refinance and pay me off == get me off the mortgages. But, he has screwed up his credit & started new job as commission only. As far as I know, he can't get a loan, and he even told me he doesn't want to sell because HE won't be able to buy another house for a long time. He can't afford the house pymts, and has had to get $$$ from all his family.<p>I come home last night, and have a voice mail from mortgage company about the 2nd mortgage AGAIN! I know he has been 30 days late at least twice this year. It's affecting my credit and my chances of owning a home someday. I'm PO'd.<p>I haven't pushed it too much as I know it is appreciating a lot right now, but when I hear he isn't making the payments...ugggggghhhhh!!! I'm really fed up!!! <p>Not to mention, my H gets mad because it affects our life and is still keeping the next to last "tie" with my XH.<p>I keep talking to him about it, and ask him to let me know what he is going to do & then he ignores it.<p>OK...so what suggestions and opinions do you have?
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Joined: Jul 2001
Posts: 31
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Hello milli,<p>In our final D decree it was also ordered to refinance or sell the house and, as in your case, my XW is still avoiding to do anything about it. I will recommend that you keep documented evidence of your interest and efforts towards getting it done. That way when you approach the issue back in court you have evidence to demonstrate that you were always interested in settling down the issue and not ok with inaction.<p>Did you put a time limit to sell/refinance on your final decree? Unfortunately, you may have to use the court system to force the completion.<p>Just my two cents. Have a great day!
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Joined: May 2001
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Sorry, dont have any suggestions. But in my case, H filed & was going to leave house to me. We were refincing at the time & when he discovered I qualified for a loan on my own & OW's ex-H was threatening her to keep their kid away from her "friends", then my H came home!! But he has not worked on our marriage at all since - ni kindness, talk, NOTHING!! ANyway, Mortgage dude told me I could have his name removed by him signing a waiver (leaving house to me) after our divorce was final.<p>Maybe you could go back to the attorney who handled your divorce and ask him/her for advice? Tell them you don't want to be responsible for his credit problems. Would he be willing to sign house over to you? Would there be any profit? His creditors have likely already put a lien on your house to get their money back. So they could take half of whats left over & put it into their account for your husbands credit. You would have your half of profit (asking price minus loan amount) to use & they would have your H's portion for their debt collection. I'm confusing myself now, but go to the Title company and find out if there have been any liens placed on your home by ex-H's creditors? It cant be sold until this is taken care of.<p>When we bought our house, the lady'y ex-H had a lien placed on the house by SRS for lack of child support. Ex-H signed the house over to wife and the loan company/creditors/SRS made arrangements to put H's share of money into an equity account. Wife did not have to deal with that and neither did we as buyers. The realty company/title com etc. worked it all out. <p>I hope you can solve this. Get consultation with realty attorney. SHould be no cost until you actually hire someone!
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Joined: May 2002
Posts: 439
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Thanks for the info.<p>I really regret I have been lazy about not documenting a lot of things, but I am going to have to get smarter.<p>The decree states ASAP, but no date given. I guess I believed in good faith that ASAP really does me right away! <p>I hate to have to go to court, but damn..this is getting to be too much!<p>Yeah...the stupid thing is I am a Mortgage dudetter! I do know the things I need to do to protect my interest. I am toooooooooo nice & tooooooo trusting!<p>Yes, there will be a profit! I don't want the house. I want it sold or refinanced.<p>[ June 04, 2002: Message edited by: milli ]</p>
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Joined: May 2000
Posts: 15,150
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Looks like it is time to get off your best intentions then. <p>Everything in our decree had time deadlines and we both knew the consequences were contempt of court charges.
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