Mortgage in Default, Violation of Decree?

[Stevesantx]

What is the name of your state?Texas

Ok, have one more for you. The ex was awarded the home in the division of marital property. The decree reads;
"It is ordered and decreed the the wife xxxxxx xxxxxx ,shall pay,as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items.
W-1. The balance due, including principal, interest, tax and insurance escrow, on the promissary note exeucuted by ME and xxxxx xxxxxxx, in the original principal sum of $xxx.xxx.xx, dated yada yada yada, payable to xxxxx xxxxxxx and securedby deed of trust on the real property awarded in this decree to the wife.

The Mortgage in now in default and foreclosure is just around the corner. Of course Im getting the phone calls and letters from the attorneys regarding the home since I am the only name on the mortgage. Is she in violation?

 

[betterthanher]

What is the name of your state?Texas

Ok, have one more for you. The ex was awarded the home in the division of marital property. The decree reads;
"It is ordered and decreed the the wife xxxxxx xxxxxx ,shall pay,as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items.
W-1. The balance due, including principal, interest, tax and insurance escrow, on the promissary note exeucuted by ME and xxxxx xxxxxxx, in the original principal sum of $xxx.xxx.xx, dated yada yada yada, payable to xxxxx xxxxxxx and securedby deed of trust on the real property awarded in this decree to the wife.

The Mortgage in now in default and foreclosure is just around the corner. Of course Im getting the phone calls and letters from the attorneys regarding the home since I am the only name on the mortgage. Is she in violation?

To the lender, it is YOU who is responsible for making the payments on time. They are not bound by a court order.

 

[LdiJ]

What is the name of your state?Texas

Ok, have one more for you. The ex was awarded the home in the division of marital property. The decree reads;
"It is ordered and decreed the the wife xxxxxx xxxxxx ,shall pay,as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items.
W-1. The balance due, including principal, interest, tax and insurance escrow, on the promissary note exeucuted by ME and xxxxx xxxxxxx, in the original principal sum of $xxx.xxx.xx, dated yada yada yada, payable to xxxxx xxxxxxx and securedby deed of trust on the real property awarded in this decree to the wife.

The Mortgage in now in default and foreclosure is just around the corner. Of course Im getting the phone calls and letters from the attorneys regarding the home since I am the only name on the mortgage. Is she in violation?

Yes, she is in violation of the decree, but unfortunately there is little that you can do about it. Your credit report is going to take a big hit. Your only other option would be to spend the money to stop the house from being foreclosed upon, and then ask the judge to order that the house be sold. (based on the fact that she is in contempt).

 

[HomeGuru]

I agree with the previous 2.

 

[hereintexas]

I'm also in Texas. I'm sure if you had this in your decree you would have mentioned it, but in mine, it said that if I didn't make the payments and it went into foreclosure, my ex would have the right to make the payments to date. I would either have to pay him back or move out. This was in legal terms, of course. I was thinking that this was common wording, but maybe not.