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The house had to do with a martial agreement and equitable distribition. The judge has found her behavior despicable in his findings and that she was obtaining rent while not paying mortgage payments. The judge ruled last year for her to do monthly accounting of the rents and provide half which she has not done despite contempts motions. The judge ruled that the house was part of equitable distribution and there was no provision to sell the house in case of default. Do you agree with this? There has been a foreclosure on the property already that it was dismissed once already. I am on the note, am I responsible for future judgment of foreclosure if the court has ruled she is solely responsible for the mortgage payments?
I am being injured by her not paying and the my credit being affected for years to come. During equitable distribution in 2005 I did not forsee this damage. Can I obtain any damages for her injury to my credit?
Everything you have said has been on target. I filed another motion for contempt and the new judge said to make it easier for him to understand " he was not into working that day" and told me to resubmit it stalling for time for my ex wife. This has alreadygone thru appeals court so he had very litle to understand. This wook I filed a petition for modification requesting house to be sold or a deed i lie of foreclosure be given to the mortgage company. The money owed in mortgage payments is over $200,000 without costs but since she is rent free she does not care. Does this constitute and emergency motion? How can I prove a value on damages caused by credit score which will affect me 7 years into the future. My agreement has a DEFAULT attorneys fees provision, I always read in appellate opinions that a marital agreement is like any other type of contract.
Does it matter that I have a motion for contempt, and a petition for modification to get id of the house at the same time? I did not want the excuse of the judge saying it had to go thru a petition for modification to get it sold. This judge unfortunately is an old time judge who thinks he is an emperor and he runs his courtroom as he feel like. Is it a ggod strategy to request to be given the house since she is not interested in selling and I can give the house to the mortgage company in a deed in lieu of foreclosure as they have suggested erasing the debt owed. Or is it better for court to appoint somebody independntly to transfer the ownwership of the house.
After giving her a quit claim deed in 2005 she obtained a second mortgage from well fargo for $225,000 which I forgot to mention to you. . Does this have any effect on me? this second mortgage is only under her name. How does this affect selling the house or a deed in lieu of forclosure.
Wells Fargo, the second mortgage holder would need to agree to compensation before a deed in Lieu of foreclosure takes place?
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