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Divorce Mortgage non payment - 8/10/2009 2:38:58 PM
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inkroar
Posts: 5
Joined: 8/10/2009
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Good afternoon – I’m in quite a pickle. I am being sued for nonpayment of my mortgage by my ex. We split due to finding out the ex’s infidelity. And now the details…
We have been divorced for 4 years now. I took the house and credit card expenses as she was not financially capable of doing so. I thought it would hurt my credit if she decided to stop paying. Of course, this did not relieve her of the mortgage. As we know, and I came to find out a year or so after the divorce, the mortgage company does not recognize a decree of divorce.
I have been making the payments faithfully. I’ve been working 2 jobs to make ends meet. I have been remodeling the house month by month, little by little. The house was in shambles when I moved back in. (I was in an apartment at the time we were separated and she would house sit animals along with her pets and let them leave their bodily waste on the floor...which damaged the flooring among other things that were done). However, last year my area was hit by hurricane Ike. I had to get prepared and make sure the place would stand and was livable for my two pets and brother who was staying with me at the time. The mortgage company made me aware that they were working out a repayment plan for all those in my area because of the hurricane. I asked the rep. of the mortgage company if this would hurt my credit (because I wasn’t the only name on the mortgage being affected). He assured me “YES, it will be fine. As long as you pay the repayment on time” No problem. With the repayment plan, I was allowed to miss two months. I took advantage of it suspecting nothing.
In March of this year I received a letter from the ex's attorney telling me to get make payments or I'd be sued. I called the attorney and he made it quite clear of that fact. I thought, I don’t want anyone to be affected by this. It scared me. So I called the mortgage company and found out that yes…indeed it was true. It affected our credit. I was not happy, to say the least. I paid the amount in full to get off the repayment schedule and was being charged my normal mortgage rate once again. I received a letter from the mortgage company stating I’m up to date on the mortgage payments as well.
Now, just this past week, I was served with a suit from her stating I have not been making timely payments, more specifically I was 60 – 90 day’s late on a mortgage payment. The suit asks the court to throw me in jail for this and after said time, to put me on probation for many years after.
I have started looking for an attorney. However, is there some way to avoid all this? I am no slouch. I have a good job and 2nd job as well. I’ve never been in an event such as this. Very worrisome. I'm a good person and can not believe this. I have attempted assuming the loan and refinancing as well. I don't qualify.
I keep saying God will get me through. It is another test. However, my life could be in ruin just because of trying to do what I though was right?
Father, I’m worried.
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RE: Divorce Mortgage non payment - 8/10/2009 3:04:12 PM
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SurpassingPeace
Posts: 830
Joined: 11/21/2007
Status: online
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Get an attorney. If you have already been served then it is in the legal system. It will need to be dealt with there. Are you sure that it said you could be put in jail? This should be a civil matter not a criminal matter.
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RE: Divorce Mortgage non payment - 8/10/2009 3:25:35 PM
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inkroar
Posts: 5
Joined: 8/10/2009
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Yes - I read it just now again. It says that the "movant is requesting I be placed in jail for 180 days"
I know that I am up to date in my payments currently as well. I've just never heard of such a thing. I could lose my jobs and have NO way of paying the mortgage then.
The divorce never asked me to refinance or assume the loan by a certain day either.
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RE: Divorce Mortgage non payment - 8/10/2009 4:10:21 PM
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clydewolf
Posts: 43
Joined: 8/6/2009
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Inkroar,
Somebody does not like you....
Definitely discuss this with a lawyer.
I doubt any judge is going to put you in jail for missing 2 mortgage payments, and especially now that you are current. More likely the judge would throw this suit out and call it a frivilous suit.
I am guessing only your name is on the title to the property. If not, you should arrange that. Then do a refinance so you can get your Ex off the mortgage. You should have a lawyer look over your refinance contract.
Could it be that this is more house than you can afford? You may be better off selling and finding other living arrangements.
2 good reasons for getting an attorney. Attorneys are the experts for legal matters and loan contracts.
You would see a dentist if you needed a root canal. You would not want me to tell you how to do the root canal.
I am not a lawyer, but you should be talking to one real soon.
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RE: Divorce Mortgage non payment - 8/10/2009 4:22:27 PM
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SurpassingPeace
Posts: 830
Joined: 11/21/2007
Status: online
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Alright, checked with dh and it is probably a contempt of court hearing and yes the judge could order jail time. Your ex probably rec'd pre-forclosure paperwork which prompted this action. An attorney should be able to fix it. I would really consider refi.
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RE: Divorce Mortgage non payment - 8/10/2009 4:48:56 PM
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inkroar
Posts: 5
Joined: 8/10/2009
Status: offline
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Yes - It is a contempt of court hearing according to the papers. The ex checked their credit score and noticed it went down a lot due to the missed two payments.
I'm considering calling the mortgage company and asking them to delete that due to being misled and also being current on my payments as well. Do you think this can work?
I have tried a refinance, however, the mortgage company said no. I make enough money to pay all expenses each month.
Do you think they'll throw me in jail?
The title is in only my name as well....
Court is something I only have seen from the jury's vantage point or tv. Imagine jail is traumatizing enough!
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RE: Divorce Mortgage non payment - 8/10/2009 6:11:30 PM
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APZR
Posts: 1052
Joined: 4/18/2005
From: GA
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Always, always, always get re-payment plans in writing!!!! Phone converstations mean nothing and are not enforceable. Next time you need something from your lender, get it in WRITING!
Now on to the next issue of the suit and contempt of court. Get an attorney now. Now is not the time to be nice and try to work things out on your own. You need an advocate with an outside view of the facts, laws, and how to defend you in court. Christians have a habit of trying to be nice all of the time, and that is simply not possible in this world. So go get a nasty, mean attorney.
_____________________________
Ya can't keep trouble from visitin, but you don't have to offer it a chair.
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RE: Divorce Mortgage non payment - 8/11/2009 12:28:12 AM
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NINEA
Posts: 199
Joined: 11/12/2008
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I just wanted to say that I am very sorry that you are going through all of this. I don't have much to add but that contempt must be willful as far as I know...though I don't know the law in your state or exactly what the order is that she claims you violated.
My ex violated a domestic violence restraining order repeatedly and was never found in contempt, though the police did throw him in jail.
If you cannot refinance, is selling a possibility? Perhaps you can have the judge modify the order to allow for a sale. Sounds like it would be best to cut ties with your ex completely.
_____________________________
Not I; not ever again.
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RE: Divorce Mortgage non payment - 8/11/2009 8:52:35 AM
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inkroar
Posts: 5
Joined: 8/10/2009
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I agree it feels retaliatory. What does punitive mean exactly?
I can assure myself and anyone, that my actions were not willful or malicious. I just was led to believe it wouldn't hurt our credit and it did.
I have contact an attorney yesterday morning and still await his call. I feel very anxious inside. I wish they would call so that I can get this going and settled. I'm not sure if they are nasty and mean, but they are an attorney. I am working through my employer's Employee Assistance Program to obtain the legal help.
I've been told by others that they just can not see a judge throwing me in jail for a first time comtempt and one that was not willful or malicious. They say, if you did it regularly and kept on doing it, yes, then you are in a world of hurt...and deservedly so.
But I don't believe I'm here for myself, I'm here for everyone else. I don't want this person hurt by my actions, no matter how malicious they may be towards me. I've always believed love begets love. And in the face of anger return love and forgive.
It's not easy being Christian in the face of an angered lion.
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RE: Divorce Mortgage non payment - 8/11/2009 10:18:55 AM
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NINEA
Posts: 199
Joined: 11/12/2008
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quote:
It's not easy being Christian in the face of an angered lion.
No, it's not. But the alternative is far worse!
_____________________________
Not I; not ever again.
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RE: Divorce Mortgage non payment - 8/11/2009 10:45:29 AM
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SurpassingPeace
Posts: 830
Joined: 11/21/2007
Status: online
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You can be found in contempt is when you violate a court order, in this case the divorce decree. It is not dependant on whether it was willful or not, just the fact that you were is enough.
Before everyone paints your ex as a malicious harpy, which she very well might be, please look at it from her point of view. According to your divorce decree you are responsible for your mortgage payment. For whatever reason, even a good one, you did not comply with that order. I am fairly sure she rec'd notice that the mortgage was in arrears and even preforclosure notice. That had to be scary. Bill collectors don't give two hoots about your decree. It is not their problem. If she came on her with that story, everyone would have been telling her to contact her attorney to enforce the settlement. That is what she did. Divorces are by nature contentious therefore people tend to keep it between their attorneys rather than work out each problem on their own. It may be something to think about. The papers you rec'd are probably standard boilerplate asking for a contempt hearing in your state. There may be nothing personal about it.
I am sure your attorney will be able to work this out.
Karen
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RE: Divorce Mortgage non payment - 8/11/2009 3:06:49 PM
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NINEA
Posts: 199
Joined: 11/12/2008
Status: offline
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CONTEMPT OF COURT - Any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court; punishable by fine or imprisonment or both. There are both civil and criminal contempts. Civil contempt is generally dealt with by fines unless the contempt is ongoing--eg. refusal to testify, like we all see on TV.
There are some problems here, in that he did not pay for two months, but was told it would not affect his credit (and therefor hers). I doubt you can get that in writing, but do assert that in your response, that part of the repayment plan was that you could take that option and not have it reported. It shows good faith that you repaid that amount, but wouldn't show up on your credit, so really, that good faith effort may have been wasted. Try to have the bank take it off your credit if all possible. Show them the threat to throw you in jail.
If you do end up in jail, consider suing the bank for misrepresentation. You relied on their statement to your detriment.
_____________________________
Not I; not ever again.
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RE: Divorce Mortgage non payment - 8/11/2009 3:37:16 PM
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inkroar
Posts: 5
Joined: 8/10/2009
Status: offline
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No - no preforeclosure notice. The way it was discovered was through a credit check. Else it would have been stated on the suit. I received a reply from a site that deals with legal matters. (I reside in Texas)
If you are current on your mortgage, your best bet is to get an attorney to handle this because it shouldn't take very long. Their response will probably be something along the lines of "yes, due to the hurricane, he fell behind with his payments and was mistakenly told by the bank that it would not affect anyone's credit. After learning that it did have an impact on credit ratings, he immediately brought the mortgage up to date and continues to pay in a timely manner. They will then ask for the suit to be dismissed - and it probably will be.
"It's all really a moot point now since he's caught up. If the ex proceeds with the suit, he can explain the situation to the judge, explain that it's been corrected AND that he told the ex it had been corrected and the suit will almost certainly be dropped. His ex may get a stern warning about frivolous suits, as well."
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