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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16154
Experience:  Licensed Texas General Practice Attorney
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Back in 1999-2011, I was an owner of a property along with

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Back in 1999-2011, I was an owner of a property along with my now ex-wife. This property was included in our divorce decree and given to her in the settlement. The divorce was finalized in April of 2011, when she was awarded the property as part of the decree.

This property went into foreclosure 2009-2010 and is included in the Government Foreclosure Settlement. A settlement fund was created to reimburse families who were victims of unfair foreclosure practices and this property is included in that settlement.

A check from the fund was sent to me in the amount of $3000.00 and has both mine and my ex-wive's name as did the house. The check is made out to whom ever was listed as borrowers on the note from the dates of January 1, 2009- December 31, 2010.

As of those dates, I was still an owner of the property as the property was not divided in the divorce as of that date. These funds ($3000.00) were also not part of the divorce decree as the fund had not been created at that point.

My question is, do I have the right to half ($1500.00) of the money. My belief is that since I was involved in the wrongful foreclosure, that I should be entitled to 1/2 the money. As if there was mis-calculation of taxes during the period of time that we were married, if I received a refund check issued in both of our names, she would be entitled to 1/2 of those funds (even if we are now divorced).

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

That's an interesting question, and since this is so new, I have not been able to find a case on point that has yet to address it. That being said, the settlement is for practices by banks pertaining to mortgages, and foreclosures resulting from those practices.

ScottyMacEsq :

As such, the individuals on the mortgage (and any impact on your credit, etc...) would be what this would be to compensate. The reason for this settlement is to compensate for the damages incurred, and assuming that you were on the mortgage at the time (that you had not refinanced into her name alone) then you would have been harmed by their actions.

ScottyMacEsq :

It doesn't matter if you live there or not. If it was a rental house, and it wrongly went into foreclosure but was not sold, you would still have suffered damage.

ScottyMacEsq :

I certainly think that you would have a claim to half of this, but it's possible that you need to file for a "Clarification Order" with the divorce court that entered your divorce.

ScottyMacEsq :

Per Family Code § 9.008. CLARIFICATION ORDER. (a) On the request of a party or on the court's own motion, the court may render a clarifying order before a motion for contempt is made or heard, in conjunction with a motion for contempt or on denial of a motion for contempt. (b) On a finding by the court that the original form of the division of property is not specific enough to be enforceable by contempt, the court may render a clarifying order setting forth specific terms to enforce compliance with the original division of property. (c) The court may not give retroactive effect to a clarifying order. (d) The court shall provide a reasonable time for compliance before enforcing a clarifying order by contempt or in another manner.

ScottyMacEsq :

I would suggest contacting the court clerk of the court that handled your case, and ask about the process for a clarification order. This is particularly important in the case that your ex does not sign the check.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Just to clarify my point. I don't believe this check applies to rights, title, interest or any claim to the property (which is what was stated in the divorce decree). I believe this fund was created for borrowers who were damaged as a result of unfair acts by the banks and is not tied to the property interest itself, but the credit of the borrowers. Having said that, the unfair practices were during the time when she did not own the property, we both did. If this action was after the fact, I would understand her being entitled to 100% of the funds.

Customer:

Would you agree with this point?

ScottyMacEsq :

That's correct.

ScottyMacEsq :

It pertains to banks, mortgages, unfair foreclosure practices, etc...

ScottyMacEsq :

But like I said, I can't point to any court cases on topic, since this is a very recent situation...

Customer:

Ok... thank you for your input.

ScottyMacEsq :

It might have to make its way through the courts, and might be a few years before there's a definitive answer (from the courts).

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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