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Ex not paying mortgage, now in foreclosure, Contempt of Court?

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SuperCat

Junior Member
South Carolina
My husband's ex quit paying the mortgage on the family home she was awarded in the final divorce decree. In the final decree, it was ruled she would maintain possession of the family home and she was responsible for all obligations related to it, i.e., mortgage, insurance, taxes. There was no mention of her having to get the thing financed in her name solely -- first BIG BooBoo (and yes my husband had an attorney - go figure).

The ex-wife paid on the house for about 18 months and then decided to buy a new home right around the corner and took out a $300,000+ mortgage on the new house, exhausting her savings - she had to put up her savings (i.e., what was left of an inheritance) as collateral as she had no job. She then let this family home awarded to her in the divorce decree sit vacant (and it was trashed when she moved out of it) for about a year. She listed it one time for four months with a local realtor during that period of time. We have spoken to the realtor who stated that while the home showed some "abuse" he had still received several offers on it that would have cleared this mortgage that has since gone bad, the ex-wife refused all offers on the home.

Yesterday, my husband gets served with foreclosure papers on this old family home. Apparently the ex-wife hasn't made a payment since March, 2005 and the bank has filed a forclosure action in Circuit Court.
In the divorce decree the ex-wife was awarded the home and was responsible for all the obligations that went with it. My husband signed a quitclaim deed and so he is no longer on the title, but he is still on the mortgage (obviously). I don't think his attorney advised him well because no where in the divorce decree was it stated that the ex-wife had to get the home financed in her name or sold within a specific time period, thus his name was never taken off the mortgage. Therefore he has the responsibility of the note but no title to the property.
My layman's understanding is that the ex-wife is now in contempt of court because she didn't keep the payments up on the home? Is this correct? What will it take to get this mess straightened out? My thought is that we (my husband and I) tender an offer to the ex-wife to have her sign the home back over to him (or us) and we catch the thing up with the bank and take over the payments. My husband is a very good commercial customer of this same bank so we do have some leeway (leverage) with the bank.
Thoughts anyone?
 


HomeGuru

Senior Member
SuperCat said:
South Carolina
My husband's ex quit paying the mortgage on the family home she was awarded in the final divorce decree. In the final decree, it was ruled she would maintain possession of the family home and she was responsible for all obligations related to it, i.e., mortgage, insurance, taxes. There was no mention of her having to get the thing financed in her name solely -- first BIG BooBoo (and yes my husband had an attorney - go figure).

The ex-wife paid on the house for about 18 months and then decided to buy a new home right around the corner and took out a $300,000+ mortgage on the new house, exhausting her savings - she had to put up her savings (i.e., what was left of an inheritance) as collateral as she had no job. She then let this family home awarded to her in the divorce decree sit vacant (and it was trashed when she moved out of it) for about a year. She listed it one time for four months with a local realtor during that period of time. We have spoken to the realtor who stated that while the home showed some "abuse" he had still received several offers on it that would have cleared this mortgage that has since gone bad, the ex-wife refused all offers on the home.

Yesterday, my husband gets served with foreclosure papers on this old family home. Apparently the ex-wife hasn't made a payment since March, 2005 and the bank has filed a forclosure action in Circuit Court.
In the divorce decree the ex-wife was awarded the home and was responsible for all the obligations that went with it. My husband signed a quitclaim deed and so he is no longer on the title, but he is still on the mortgage (obviously). I don't think his attorney advised him well because no where in the divorce decree was it stated that the ex-wife had to get the home financed in her name or sold within a specific time period, thus his name was never taken off the mortgage. Therefore he has the responsibility of the note but no title to the property.
My layman's understanding is that the ex-wife is now in contempt of court because she didn't keep the payments up on the home? Is this correct?


**A: she is in default of her agreement.
******
What will it take to get this mess straightened out? My thought is that we (my husband and I) tender an offer to the ex-wife to have her sign the home back over to him (or us) and we catch the thing up with the bank and take over the payments. My husband is a very good commercial customer of this same bank so we do have some leeway (leverage) with the bank.
Thoughts anyone?


**A: good idea and hire a better attorney this time.
 

SuperCat

Junior Member
Update on the situation -- UNBELIEVABLE!

Thanks for you input! Just an update, we did go over and look at this house yesterday evening. UNBELIEVABLE!!!! This ex-wife literally TRASHED this beautiful house thru neglect!!!
We are talking a $400,000 plus home and it is trashed. The yard is a jungle and I mean it hasn't been cut or anything tended in over a year. The gutters got so full that they pulled down off one side of the house and there are weeds, grasses, etc. growing in the gutters still attached to the sides of the house -- even a small oak tree has sprouted in one of the gutters!
The real "crime" is inside the home, we went with a realtor who had a key to the lockbox (like I said she finally has it on the market -- oh boy, if I am in the market for a half-million dollar home or so, I am going to be interested in this one--- Yeah Right!). The STENCH inside the home was unbelievable, I literally had to get back outside on two occassions to get some fresh air and keep from vomiting. There were holes in the walls, the screened in porch had holes in the screens, doors torn up, but the big damage was MOLD. It appears to be coming from two sources - the attic where water seeped in under the eaves when the gutters got so full of trash and the basement where there was an outside door taken off the hinges and water ran into the basement, soaked the carpet and mold and mildew took over and it is now in behind the panelling and up the walls in the basement.
She was awarded this house in the final decree and all the obligations with it. She has now fallen behind enough on the payments the bank has moved to foreclose and my husband's credit is being trashed (previous post). Plus the crime of trashing the absolutely beautiful home. She is whining that "she can't sell it". No DUHHH!!! What a pig! I would think that she would not only be in contempt of court but we could also sue he for the damages to my husband's credit due to her neglect?
 

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