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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103584
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I just found out that my exwife is being foreclosed on, also

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I just found out that my exwife is being foreclosed on, also found out that she never refinanced our home into her name as instructed by our divorce decree. Since she is not paying and the home was never refinanced, can I force her out of the home so I can catch up the back payments and sell the house? The divorce decree stated that if she couldn't refi, the house was suppose to be sold but that wasn't done either.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: AZ
JA: Has any paperwork been filed?
Customer: Not yet because I don't know if I have any recourse
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just need to know what my options might be based on all this

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Well - yes. If she did not follow the decree and if the decree explains what is to happen, then this is an option. However, you would be in a race against time to sell the property before it is foreclosed. Someone in your situation may wish to file and have heard a MOTION TO COMPEL to have the Court order that you or an appointed master gets the property back from underwater (ordering her to pay if she can), and then selling it.

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Customer: replied 7 months ago.
I can go down to the court house and file a Motion to Compel, how long do those normally take? If I can catch up the payments on the house now that I know what is going on, then I could also force the sale of the house even though she is still living in it because that is what was indicated in the divorce decree, correct? One other item, in the decree if the house can not sell then we agreed it could go into foreclosure but she never tried to sell and I didn't realize she wasn't paying. I can still go to the courts for the Motion to Compel to sell it, correct?

So I can go down to the court house and file a Motion to Compel,

Well, there is no way to tell you how to draft, file, and argue it. It is a little outside this website's ability to do. You can find a copy online or in your local law library.

how long do those normally take?

A few weeks to be heard, but it can be an ex parte emergency motion if the home is CLOSE to being sold and otherwise the hearing would not take place until after the foreclosure.

If I can catch up the payments on the house now that I know what is going on, then I could also force the sale of the house even though she is still living in it because that is what was indicated in the divorce decree, correct?

Correct.

One other item, in the decree if the house can not sell then we agreed it could go into foreclosure but she never tried to sell and I didn't realize she wasn't paying. I can still go to the courts for the Motion to Compel to sell it, correct?

Correct.

Technically, the Judge has leeway here. They will however follow the decree strictly and if there is an issue which the decree does not address, the Judge will decide how that variable applies to the current situation based on WHAT IS FAIR.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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