wolfthing2000
Member
Mother in law payed cash
Every property is for sale and we split equitys
Every property is for sale and we split equitys
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When is it ever over?
- Thread starter wolfthing2000
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mistoffolees
Senior Member
Mother in law payed cash
Every property is for sale and we split equitys
Then I would sit tight and let them file for foreclosure. As soon as they do that, file for contempt for her not paying to keep it out of foreclosure and for not selling it to give you your equity. Or, tell them that's your plan and tell them you'll move as soon as they give you your half of the equity.
wolfthing2000
Member
The original question
I guess my question is: She agreed in divorce trial before the judge, as I did, to all of the above in a formal stipulation. I was asked by the judge " do you agree?" she was asked by the judge " do you agree?" we both answered yes.
/Can she get the judgement set aside? There was never an appeal. Oregon sets a 30 day appeal deadline after judge signs.
Isn't the demand to take the residence over or they will foreclose.....is that not an arranged foreclosure and totaly against what the judge ordered?
What chance do I have without my attorney if he drops me because I am broke? I have borrowed myself out of credit and exhausted resources from retirement fund.
She basicaly wants relieved of the order to keep property from foreclosure and wants the residence back.
I guess my question is: She agreed in divorce trial before the judge, as I did, to all of the above in a formal stipulation. I was asked by the judge " do you agree?" she was asked by the judge " do you agree?" we both answered yes.
/Can she get the judgement set aside? There was never an appeal. Oregon sets a 30 day appeal deadline after judge signs.
Isn't the demand to take the residence over or they will foreclose.....is that not an arranged foreclosure and totaly against what the judge ordered?
What chance do I have without my attorney if he drops me because I am broke? I have borrowed myself out of credit and exhausted resources from retirement fund.
She basicaly wants relieved of the order to keep property from foreclosure and wants the residence back.
wolfthing2000
Member
what exactly is the fine for contempt?
mistoffolees
Senior Member
I guess my question is: She agreed in divorce trial before the judge, as I did, to all of the above in a formal stipulation. I was asked by the judge " do you agree?" she was asked by the judge " do you agree?" we both answered yes.
/Can she get the judgement set aside? There was never an appeal. Oregon sets a 30 day appeal deadline after judge signs.
Isn't the demand to take the residence over or they will foreclose.....is that not an arranged foreclosure and totaly against what the judge ordered?.
Look, I've asked repeatedly and you keep giving partial answers.
WHAT DOES THE DECREE SAY ABOUT THE HOUSE? EXACTLY. WORD FOR WORD.
As for the appeal, she has to have a reason to get the decree set aside. "I don't like it" isn't a sufficient reason.
wolfthing2000
Member
Word for word
I will get the final decree and copy that portion EXACTLY!
I will get the final decree and copy that portion EXACTLY!
wolfthing2000
Member
"Respondent shall have the responsibility of keeping the residence property from foreclosure sale pursuant to a trust deed or mortgage encumberance against it to xxxxxxxxxxx(mother in law) , Respondent's Mother. The court retains jurisdiction of this matter should problems arise."
That's it with names left out.
That's it with names left out.
mistoffolees
Senior Member
"Respondent shall have the responsibility of keeping the residence property from foreclosure sale pursuant to a trust deed or mortgage encumberance against it to xxxxxxxxxxx(mother in law) , Respondent's Mother. The court retains jurisdiction of this matter should problems arise."
That's it with names left out.
I thought you said the house was to be sold. WHat does it say about that?
(It's like pulling teeth).
wolfthing2000
Member
IT IS HEREBY ORDERED AND ADJUDGED that:
Residence Property. The residence property xxxxx xxxxx xxxxx is ordered sold for the listing price of xxxxxx xx or such subsequent sales price the parties agree upon from time to time prior to sale after payment of encumbrances thereon the proceeds of sale to be divided equally between parties. Until sale, Petitioner will have exclusive use and occupy the residince property.
Residence Property. The residence property xxxxx xxxxx xxxxx is ordered sold for the listing price of xxxxxx xx or such subsequent sales price the parties agree upon from time to time prior to sale after payment of encumbrances thereon the proceeds of sale to be divided equally between parties. Until sale, Petitioner will have exclusive use and occupy the residince property.
mistoffolees
Senior Member
Residence Property. The residence property xxxxx xxxxx xxxxx is ordered sold for the listing price of xxxxxx xx or such subsequent sales price the parties agree upon from time to time prior to sale after payment of encumbrances thereon the proceeds of sale to be divided equally between parties. Until sale, Petitioner will have exclusive use and occupy the residince property.
OK. If they haven't made an effort to sell it (or if the price is unrealistic and needs to be lowered), then you go back to court to have them held in contempt. It is clear that you have the right to live in the house without interference.
If they don't sell the house and then foreclose on you, you go to court to have your ex held in contempt and force her to reimburse you for your damages. When they foreclose, they can't force you to leave immediately. The foreclosure notice will give you time to get to court to file for contempt and to block any eviction.
But none of that is going to happen automatically. Go to court to force her to comply.
wolfthing2000
Member
so could the contempt charge over rule the eviction from foreclosure somehow?
What could charges for contempt possibly be?
What could charges for contempt possibly be?
wolfthing2000
Member
One other thing I have forgot to mention: She is making all kinds of false claims that I am damaging the property, not co-operating with the real estate agent, not letting people view the property and not allowing the price to be dropped to a low value that her and her attorney insist is what I have to do or they will drag me into court.
. Her price would leave no equity and be mostly a short sale to pay her mother back.
yesterday she called the realtor jumping up and down and complaining that they aren't doing their job and wants it moved to another company to sell.
. Her price would leave no equity and be mostly a short sale to pay her mother back.
yesterday she called the realtor jumping up and down and complaining that they aren't doing their job and wants it moved to another company to sell.
mistoffolees
Senior Member
One other thing I have forgot to mention: She is making all kinds of false claims that I am damaging the property, not co-operating with the real estate agent, not letting people view the property and not allowing the price to be dropped to a low value that her and her attorney insist is what I have to do or they will drag me into court.
. Her price would leave no equity and be mostly a short sale to pay her mother back.
yesterday she called the realtor jumping up and down and complaining that they aren't doing their job and wants it moved to another company to sell.
1. To your other question, no, a contempt charge doesn't 'trump' an eviction notice. They're unrelated. Of course, if there is evidence that your ex was behind the eviction/foreclosure and that your ex was not being held to the same standards as you are, then it would make it easier to convince a judge that you're not being treated fairly and ask for greater damages.
2. I don't know anything about the validity of the charges, but if there is ANY truth to the claim that you're interfering with the sale in any way, then you could be held in contempt. However, they have to prove it. You have an obligation to assist in the sale in any reasonable way.
3. Once again, your story is changing. You said the house was worth $187, down to $167 and rapidly dropping (sorry, but the market is stable in most of the country and recovering in lots of places, so it's hard to believe that it's still rapidly dropping. Of course, it could simply be that your initial estimate of value was wrong. In any event, with a mortgage of $92 K, how is it that you're looking at a short sale with no equity?
wolfthing2000
Member
Improvements
I payed 500 dollars for a professional appraisal that set the 187. I realize that value won't hold in this market since the appraisal is one year old.
The original mortgage was 100k....I had a cancer insurance premium pay me a large amount of money and I invested about 30k in the property that raised the value considerably. I also put a lot of labor into the property. I realize that none of this matters, but she wants the price to immediately drop to 120k. immediately.
If it doesn't sell and the price keeps going down ( 160 as of today) I think it is only fair to at least give it a try before dropping toa number that if an offer comes in would not leave much left. Her opinion just wants mom payed.
What are the fines for contempt??
I payed 500 dollars for a professional appraisal that set the 187. I realize that value won't hold in this market since the appraisal is one year old.
The original mortgage was 100k....I had a cancer insurance premium pay me a large amount of money and I invested about 30k in the property that raised the value considerably. I also put a lot of labor into the property. I realize that none of this matters, but she wants the price to immediately drop to 120k. immediately.
If it doesn't sell and the price keeps going down ( 160 as of today) I think it is only fair to at least give it a try before dropping toa number that if an offer comes in would not leave much left. Her opinion just wants mom payed.
What are the fines for contempt??
mistoffolees
Senior Member
I payed 500 dollars for a professional appraisal that set the 187. I realize that value won't hold in this market since the appraisal is one year old.
The original mortgage was 100k....I had a cancer insurance premium pay me a large amount of money and I invested about 30k in the property that raised the value considerably. I also put a lot of labor into the property. I realize that none of this matters, but she wants the price to immediately drop to 120k. immediately.
If it doesn't sell and the price keeps going down ( 160 as of today) I think it is only fair to at least give it a try before dropping toa number that if an offer comes in would not leave much left. Her opinion just wants mom payed.
What are the fines for contempt??
Typically, the first stage would be an order from the judge to do what he told her. Basically "I told you to sell the house, now sell it or else". In addition, the offending party is usually ordered to pay any damages.
I would invite several realtors to look at the house and give them their best guess on what it would sell for. In doing so, I would give them a timeline "we realize that there are a lot of variables, but we want to set the price at a level where the home is likely to be sold relatively quickly". That may mean a price lower than you think it should be worth. If several realtors agree, then it's probably realistic.
If the realtors are saying that the price is 120 and you're holding out for a higher figure, then YOU would be the one in contempt. You can't get a higher price than the market will bear and expecting to is unreasonable.
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