tmd12

I think that nothing was done regarding the IRA because no one thought he would be so salamanderic to cash out over 100k and pay the penalty. He has 3 warrants out for his arrest, but moved and did not inform anyone of his new address, so the sheriff cannot locate him. My lawyer is working on freezing his work 401k and pension as well as his bank accounts if we can find his bank.

Due to my ex not showing up at court, postponing court dates and the slowness of the Superior Court in this state, the divorce is still not final, so I cannot fault my lawyer about the IRA. My ex knew half was mine, but is taking very bad advice from his girlfriend. Even his lawyer has bashed him in open court, asking how he can remove himself as the lawyer on the case. I know bankruptcy is an option, but I would like to avoid that route if possible. I just want to sell this house pay my debts and move on with my life. Thanks everyone for the replies and advice.

Thanks for the reply. I was thinking that they would take the 12-15 months of interest as well, which is the majority of the monthly payment. I know I need to consult a real estate lawyer, but the list of things I need to do due to the ex is getting longer and longer.

So let's say this is the scenario - House is on market for 300k The mortgage balance is 200k House sells for 275k, profit is 75k Exhusband owes 30k in back payments So what would I get out of this? 75k or 45k? Or do I pay the 200k plus fines and late fees? Me exhusband is turning out to be a deadbeat. He refuses to pay the mortgage, pendite lite support and has cashed out his entire IRA (half of which is mine) and called out of work for 4 months as 'sick' all to avoid being arrested and giving me any money. I don't want to file bankruptcy, but if the house is lost to foreclosure, I will have to. This is why I am worried about what I have to pay to the mortgage people when the house sells. I can have all the court orders and bench warrants in the world, but if he refuses to pay, there is nothing I can do. Thanks for your help.

I am not sure how to phrase this. The house is currently in foreclosure. The loan is being handled by a lawyer group. My exhusband refuses to make court ordered payments on the mortgage. It is impossible for me to bring the mortgage current. The house is on the market and hopefully it will sell by the end of the summer. My question is this - when the house sells, what does the mortgage company take? Do they only take the balance of the loan, or will they also require the past due payments ( 20k+) So let's say the house sells, will I owe the balance due on the loan or the balance plus all the late payments? I hope this makes some sense, I cannot find an answer through searching. Thanks!