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BTFLY

Denied Mod after 1 year of Trial payments, what next?

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On 7/16/2018 at 5:06 PM, centex said:

Since this resurfaced, it should ALSO be stressed that when a Decree outlines a responsibility of one party who chooses not to comply with the Order from the Court, then the other Party needs to immediately move for the Court to take action.  And yes, in a Divorce, a Court will not hesitate to tell one spouse to comply with a provision or they can sit in jail until such time as they DO comply. 

 

The reason the Court holds this power is because both spouses were parties to the Decree.  Credit card issuers are NOT subject to such Orders for a contempt finding precisely because they are rarely a party to the proceedings.  In order to fully bring them under the Court's direction, notice would need to be given to counsel for the issuers.

 

You are definitely right and in hindsight there are a lot of could have's I won't make the mistake of if I ever have to go through something else like this. I think the reason I didn't force the quitclaim issue after I divorced was 1. I thought I would live in the home until after grad school then move out of state and 2. I let life get in the way. 

I was so stressed with actually getting my ex out of the home that I had to take a leave of absence during the divorce then was trying to put the kids and mine life together afterwards. My job dished out major paycuts within months of my divorce and my ex didn't pay child support for well over a year (leading to the bankruptcy). Couple years later I eventually rebounded and got a much better job and started the modification process, but it was a long and lean couple of years for us.

 

The quitclaim issue just unfortunately became last of a very long and tiring list to do.

Edited by BTFLY

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Thanks for the good feedback on Greenpath. We've been referring people to them based on their track record, so it's nice to know they have such empathy.

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