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Re: MY FIRST MEDIATION THIS WEEK

Unread postPosted: Wed Dec 06, 2017 4:27 pm
by Cyberbull1
Yes my divorce is finalized and absolute. EX got the house and a small equity balance she is supposed to be paying and removing my name from the loan. She has not done this and keeps ignoring it. I have the option to sue, but I see no gain at all to spend that kind of money on her problems now. My understanding of NC Law it is over. If she loses the house, I don't feel responsible at all. I know anyone can sue anyone, but there should be a rationale reason. Just glad I'm over, but looking back at what could arrise.

Re: MY FIRST MEDIATION THIS WEEK

Unread postPosted: Wed Dec 06, 2017 4:38 pm
by madalex
Cyberbull1 wrote:EX got the house and a small equity balance she is supposed to be paying and removing my name from the loan. She has not done this and keeps ignoring it. I have the option to sue, but I see no gain at all to spend that kind of money on her problems now. My understanding of NC Law it is over. If she loses the house, I don't feel responsible at all.


If your name is still on the loan, the bank can come after you for non-payment despite what your divorce decree might say.

Re: MY FIRST MEDIATION THIS WEEK

Unread postPosted: Wed Dec 06, 2017 10:33 pm
by Tom Kirkpatrick
Cyberbull1 wrote:EX got the house and a small equity balance she is supposed to be paying and removing my name from the loan.
Yeah, but.....your name is on the mortgage, right?? If your ex should default, the mortgage company is under no obligation to abide by terms and conditions of your decree.

This is called post-divorce financial entanglement. Suppose she doesn't do what she's supposed to do?? What recourse do you have??

The house should've been sold before divorce was finalized.

Tom

Re: MY FIRST MEDIATION THIS WEEK

Unread postPosted: Thu Dec 07, 2017 11:00 am
by Cyberbull1
Tom, you are right in the mortgage. She agreed in the seperation agreement to take the payment's, taxes and insurance on her on after 6 month's. Hasn't done it. Now the bank has sent forclouse notice to me. My position is I'm gonna get a bad credit or judgement from the lender. She will be looking for a place to live, just for her neglect. I don't think anything can be done after the forclouser. We are divorced. I just think it's over.

Re: MY FIRST MEDIATION THIS WEEK

Unread postPosted: Thu Dec 07, 2017 11:29 am
by HaltAndCatchFire
If she has failed to follow the court's orders, then file a Motion to Compel. You can pro se this part, as you're simply seeking relief from the court to enforce what the court has already ruled on.

Re: MY FIRST MEDIATION THIS WEEK

Unread postPosted: Fri Dec 08, 2017 6:46 am
by LovingDadof2
Cyberbull1 wrote:Now the bank has sent forclouse notice to me. My position is I'm gonna get a bad credit or judgement from the lender. She will be looking for a place to live, just for her neglect. I don't think anything can be done after the forclouser. We are divorced. I just think it's over.
Seriously, you are just going to accept this? Why not file a Motion to Compel? Have lien put against her? She knew exactly what she was doing (and going to do to you) all along I assume.

Heck yeah it's going to ruin your credit! A foreclosure is not easy to scrub away. You need to fight this. I would never accept my Ex doing this to me and statements such as
I just think it's over.
make it easy to understand how this happened. Get motivated and try to fix this or it's going to haunt you for a long time and you will regret not trying.

Re: MY FIRST MEDIATION THIS WEEK

Unread postPosted: Fri Dec 08, 2017 12:39 pm
by Cyberbull1
Spoke to my attourney yesterday. We are going for relief judgement. I agree I must lay it to rest and not get the shaft again.
Thank's all !! I'll post when I find out anymore.

Re: MY FIRST MEDIATION THIS WEEK

Unread postPosted: Fri Dec 08, 2017 1:25 pm
by Tom Kirkpatrick
Cyberbull1 wrote:Now the bank has sent forclouse notice to me.
1) The house needs to be sold.

2) She needs to move out, ASAP. Get a court order and have the sheriff evict her.

3) Sanctions: Any expense you incur should come out of her share of the proceeds, including attorney fees.

Bottom line: Your decree won't enforce itself, Bro. Gloves come off. It's your responsibility to aggressively enforce terms and conditions thereof.

Tom