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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 26525
Experience:  12+ yrs. of experience including real estate law.
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I was divorced on September 20, 2004. I quit-claimed the marital

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I was divorced on September 20, 2004. I quit-claimed the marital home to my ex-wife as part of our settlement. The final judgment also said that she would "make all payments as requiredon the mortgage on said property and indemnify and hold the Respondent harmless on the mortgage. It goes on to say, "Petitioner shall have five (5) years from entry of the Final Judment to refinance the mortgage on said marital home, or otherwise extinguish the Respondent's liability on the mortgage and note. In the event the Petitioner fails to do so, Respondent shall have the right to compel a judicial sale of the said property to effectuate the payoff of the mortgage." The home is now in foreclosure, and she has abandoned it and moved to Wyoming. I need to know if I can file to have the quit-claim reversed on the basis of her breaching the contract, since she never fulfilled any of her obligations.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

What you describe (the language in the court order) is actually quite common. Can you tell me, what state issued the divorce? FL?

And have you filed a motion in that court to hold her in contempt for not following the court order? If so what is the status of that motion?
Customer: replied 1 year ago.

I have filed a motion for contempt/enforcement, and she was served on 24 April; I am waiting for the 20 days for her response to pass before I can proceed with a motion for default, or if she answers whatever else it is I need to do.

Expert:  P. Simmons replied 1 year ago.
Thank you

What state are you working in? FL?
Customer: replied 1 year ago.

Yes FL. Also, the mortgage co. told me they would reinstate the mortgage for me, but I don't want to pay the arrears up if it only benefits her.

Expert:  P. Simmons replied 1 year ago.
Thanks

There is no way to "reverse" the quit claim deed on your own.

HOWEVER, the court CAN do this. What you describe, she is clearly in contempt of the court order. It sounds like you are in the process of addressing that with the court. Good...good since the court has broad powers to deal with this. They can, for example, order her to pay cost to reinstate the mortgage, and they can order her to convey title back to you (via a quit claim deed). If she refuses to return to the court (to allow the court to assert jurisdiction over her) then the court can order a change of the title based on a default judgment.

So you have the power to correct this.

But you have to work through the court.

Now...if she is in a different state, that complicates matters a bit...since if she refuses to return to the state, the court will likely not be able to force her to return.

But as I mention, if that happens, you can ask the court for a default judgment in her absence.

Customer: replied 1 year ago.

So my motion for contempt/enforcement was the right start?

Expert:  P. Simmons replied 1 year ago.
Yes. Technically this is contempt. By violating the order, she is now in contempt of the court order.

Now...you must file this in the same court that issued the divorce. That is the court that issued the order (the decree) so they are the ones who must enforce the order

So if you filed your motion with that court, you are on the right track

P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 26525
Experience: 12+ yrs. of experience including real estate law.
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