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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3455
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I took on my exwifes second mortgage in the divorce decree

Resolved Question:

I took on my exwifes second mortgage in the divorce decree and she took all her credit card debt. She filed for bancruptcy on the credit cards but is holding me too the second mortgage. When the divorce decree was signed there was no total and no payment schedule on it. Recently, i was charged with contempt and convicted for not paying the second mort. Since there was no amount on the second mortgage or a pay structure my attorney thinks that we can appeal and win on these grounds...any thoughts?
Submitted: 4 years ago.
Category: Family Law
Expert:  Michael J, Esq. replied 4 years ago.

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

I'm sorry to hear about your situation. On the original decree, what does the exact language say about you paying the second mortgage? Does it give any instructions? Time limit? Etc?

SoloLawyer :

Are you there?

Customer:

yes


 

Customer:

it is further ordered, adjudged, decreed and declared by the court that the respondent is ordered to pay and hold harmless the resondent the following debts, to-wit:


 

SoloLawyer :

Okay, thank you.

SoloLawyer :

Yes, I do agree that you can appeal the decision and most likely win. Without a payment schedule, there is no time limit set on the repayment, and therefore you are not technically in violation of this order.

Customer:
Customer:

the 2nd real estate mortgage on said real estate, to be paid directly to Stact in the amount of 312.00 a month.


 

SoloLawyer :

Were you paying the $312 a month?

Customer:

sorry, Scact is actually Stacy, my exwifes name.

SoloLawyer :

Were you paying the $312 a month?

Customer:

hello?


 

SoloLawyer :

I have asked a question twice.

SoloLawyer :

Are you not getting my posts?

SoloLawyer :

I'm going to switch to Q&A, it appears you are having problems.

Expert:  Michael J, Esq. replied 4 years ago.
Hello -

My question was:

Were you paying the $312 a month?

Thanks,

Michael
Customer: replied 4 years ago.

I had fallen behind on payments that is the reason for the contempt.

Expert:  Michael J, Esq. replied 4 years ago.
Thank you.

Unfortunately, I don't agree with your attorney. You said in your original question that there was no pay structure - but it appears there was: you were supposed to pay $312 a month (even though there wasn't a total). Once you missed the first $312 payment, you are guilty of contempt of court. I don't believe your appeal would be successful.

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael
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