• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

X agreed to stay on the mortgage in the decree for 3 years and times almost up. HELP!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tuned4u

Junior Member
What is the name of your state (only U.S. law)? Ohio
Hello,
I have a situation that I’m not sure how or what I can do about it. I need advice and frankly don’t even know where to begin or who to consult. I got a divorce about three years ago and my X agreed to stay on the mortgage for three years in lieu of me paying her $400 per month. At the end of that period, being May of this year, I was supposed to buy her out of the Mortgage. That was the agreement that went into the decree. Since then I have fallen behind on the payments and I am two months away from finally catching up through their home savers plan. I tried to get her to mitigate/modify the loan and she declined, however, she did say she might stay on the loan if I wanted to keep paying her the $400 for a limited period of time. My home is probably $30K to $40K under what is owed and I obviously do not have the money. I don’t think a bank is going to take on a mortgage on an upside down home.
I’m not sure what the legal ramifications are if I can’t take over the mortgage, if I walk away and they foreclose, or I short sale it. My normal payment is $1550, plus the $400. I feel somewhat tied to the home because I rely on the shop in the back to run my business in.
This has been weighing on me for long time and I need to resolve it soon regardless of what I end up having to do.

For obvious reasons, I don't feel like I can do any needed improvements, or feel like I actually own the home.

Any advice is greatly appreciated!!!

Thank you!

Ron
 


justalayman

Senior Member
can't read your divorce decree from here but if it says you will take the necessary action to remove the ex from the liability of the mortgage, either you find a way to do it or the ex can go to court and have the order enforced, even if it means ordering the house be sold.

If you run your business from the home, you might look into some form of business loan to balance out the upside down portion of the current mortgage so you can refinance the home.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top