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BTFLY

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

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Some background: I divorced in 2013, Chap. 7 in 2014 and started mod process in 2016. Ex-DH was never a borrower on the original mortgage but was on the deed.

 

After I defaulted on my loan, I started the modification process with BOA. The mod was approved then almost immediately sold to Carrington. I have been making on-time trial payments of almost $1400 for a year now to Carrington. Finally things started moving in May of this year with a permanent modification. They then asked for a quitclaim deed to be signed from my exhusband, then a week later stated they just needed a copy of the divorce decree to move forward. I sent in the divorce decree. My ex will adamantly not sign a quitclaim deed. Maybe a week or so after sending in the divorce decree, I got an email that they needed the quitclaim asap and gave me a deadline of about 2 weeks to get it done. Ex continued to refuse to sign it and I got an email today that my mod was denied.

 

Does anyone have a clue as to what's next? I have contacted a consumer lawyer, but not sure if that's the right step or not. If I had been told a year ago when I started this process that I needed the quitclaim done, then I could have taken my ex to court to have it signed by now. I feel that they took trial payments for a year just to drag this out for them and will still have the same end if I had done nothing (other than not making all those trial payments).

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What's next? You take the ex back to court if it was part of the settlement and force him to comply. Nothing that the lender did wrong. It's reasonable for them to have a quitclaim. They can't modify a loan with him on title still.

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What did your divorce settlement say about the house/deed?

^^^^^^^^^^^THIS^^^^^^^^^^^^

 

This and other consumer self-financial help boards are littered with stories of ex's who signed quitclaims and found themselves stuck with paying the mortgage after receiving bad legal advice during the divorce proceedings. Methinks the OP's X got good legal advice from their divorce attorney for a change OR read stories like those posted online about quitclaims after a divorce and said in no way will I ever sign a quitclaim unless the house is sold and I'm at the closing table.

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What did your divorce settlement say about the house/deed?

^^^^^^^^^^^THIS^^^^^^^^^^^^

 

This and other consumer self-financial help boards are littered with stories of ex's who signed quitclaims and found themselves stuck with paying the mortgage after receiving bad legal advice during the divorce proceedings. Methinks the OP's X got good legal advice from their divorce attorney for a change OR read stories like those posted online about quitclaims after a divorce and said in no way will I ever sign a quitclaim unless the house is sold and I'm at the closing table.

 

Sadly, those of us caught up in the cesspool of family law have had to live through the crap of the conflict between Family and contract law. If a judge orders the quitclaim, unless you are going to pony up even more money to your lawyer, and unless your lawyer is successful in convincing a judge to abide with your wishes, you're gonna end up disappointed.

 

I'll send my divorce decree for anyone with spare time so you can read for yourself how ridiculous the lawyers and judges are and how clueless they are to the impact this situation has on the person that signed the quitclaim.

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What did your divorce settlement say about the house/deed?

^^^^^^^^^^^THIS^^^^^^^^^^^^

 

This and other consumer self-financial help boards are littered with stories of ex's who signed quitclaims and found themselves stuck with paying the mortgage after receiving bad legal advice during the divorce proceedings. Methinks the OP's X got good legal advice from their divorce attorney for a change OR read stories like those posted online about quitclaims after a divorce and said in no way will I ever sign a quitclaim unless the house is sold and I'm at the closing table.

Sadly, those of us caught up in the cesspool of family law have had to live through the crap of the conflict between Family and contract law. If a judge orders the quitclaim, unless you are going to pony up even more money to your lawyer, and unless your lawyer is successful in convincing a judge to abide with your wishes, you're gonna end up disappointed.

 

I'll send my divorce decree for anyone with spare time so you can read for yourself how ridiculous the lawyers and judges are and how clueless they are to the impact this situation has on the person that signed the quitclaim.

Still not sure what your decree says about who gets house and/or what happens to deed? I use my cell, so won't be able to see any attachments or nlow up photos.

 

If the judge ordered you to get house and deed, you don't need to hire lawyer to have it enforced. Just go back to clerk and tell her you need to complete forms for a hearing because your ex is not complying with terms of settlement order.

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What did your divorce settlement say about the house/deed?

^^^^^^^^^^^THIS^^^^^^^^^^^^

 

This and other consumer self-financial help boards are littered with stories of ex's who signed quitclaims and found themselves stuck with paying the mortgage after receiving bad legal advice during the divorce proceedings. Methinks the OP's X got good legal advice from their divorce attorney for a change OR read stories like those posted online about quitclaims after a divorce and said in no way will I ever sign a quitclaim unless the house is sold and I'm at the closing table.

Sadly, those of us caught up in the cesspool of family law have had to live through the crap of the conflict between Family and contract law. If a judge orders the quitclaim, unless you are going to pony up even more money to your lawyer, and unless your lawyer is successful in convincing a judge to abide with your wishes, you're gonna end up disappointed.

 

I'll send my divorce decree for anyone with spare time so you can read for yourself how ridiculous the lawyers and judges are and how clueless they are to the impact this situation has on the person that signed the quitclaim.

Still not sure what your decree says about who gets house and/or what happens to deed? I use my cell, so won't be able to see any attachments or nlow up photos.

 

If the judge ordered you to get house and deed, you don't need to hire lawyer to have it enforced. Just go back to clerk and tell her you need to complete forms for a hearing because your ex is not complying with terms of settlement order.

 

Not sure if your reply was for me or the OP but no...I'm not confused. Was just pointing out that the decree and reality often differ.

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What's next? You take the ex back to court if it was part of the settlement and force him to comply. Nothing that the lender did wrong. It's reasonable for them to have a quitclaim. They can't modify a loan with him on title still.

 

I guess it's reasonable for them to have a quitclaim. It's just that they never asked for one until after I had made 10 or so trial payments, then they said my divorce decree would suffice so I sent that. That's when they said we need a quitclaim in 2 weeks or your modification is denied. Just seems very shady on their part.

What did your divorce settlement say about the house/deed?

 

I would keep the house in the divorce and he was to file a quitclaim. I know that I should have enforced him signing one long before now, but life happens and I never thought I would need it until much later. Live and learn I suppose.

Edited by BTFLY

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What did your divorce settlement say about the house/deed?

^^^^^^^^^^^THIS^^^^^^^^^^^^

 

This and other consumer self-financial help boards are littered with stories of ex's who signed quitclaims and found themselves stuck with paying the mortgage after receiving bad legal advice during the divorce proceedings. Methinks the OP's X got good legal advice from their divorce attorney for a change OR read stories like those posted online about quitclaims after a divorce and said in no way will I ever sign a quitclaim unless the house is sold and I'm at the closing table.

 

I'm positive he didn't get legal advice from a lawyer. He couldn't afford a divorce attorney when we first divorced. He is extremely spiteful, possibly narcissistic, and wants to see me fail even if it's to the detriment of the children. He knew I had very short notice to get it signed and said he would only sign it that quickly if I told the court system to get rid of the thousands of back child support he owes. He wanted me to call them up and lie and say he has actually paid it when of course he hasn't. When I wouldn't agree to that, he said that I could just take him to court to get it signed.

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What did your divorce settlement say about the house/deed?

^^^^^^^^^^^THIS^^^^^^^^^^^^

 

This and other consumer self-financial help boards are littered with stories of ex's who signed quitclaims and found themselves stuck with paying the mortgage after receiving bad legal advice during the divorce proceedings. Methinks the OP's X got good legal advice from their divorce attorney for a change OR read stories like those posted online about quitclaims after a divorce and said in no way will I ever sign a quitclaim unless the house is sold and I'm at the closing table.

 

Sadly, those of us caught up in the cesspool of family law have had to live through the crap of the conflict between Family and contract law. If a judge orders the quitclaim, unless you are going to pony up even more money to your lawyer, and unless your lawyer is successful in convincing a judge to abide with your wishes, you're gonna end up disappointed.

 

I'll send my divorce decree for anyone with spare time so you can read for yourself how ridiculous the lawyers and judges are and how clueless they are to the impact this situation has on the person that signed the quitclaim.

 

 

My ex isn't a borrower on any of the mortgage papers, so he will lose nothing by signing the quitclaim. I'm guessing he's not signing it for a multitude of reasons, one being that he thinks he may see some profit if I were to sell it.

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Still not sure what your decree says about who gets house and/or what happens to deed? I use my cell, so won't be able to see any attachments or nlow up photos.

 

If the judge ordered you to get house and deed, you don't need to hire lawyer to have it enforced. Just go back to clerk and tell her you need to complete forms for a hearing because your ex is not complying with terms of settlement order.

 

 

I asked the clerk about having it enforced and she said I would need a lawyer for that.

Doesn't matter now anyway. After looking over the numbers and my future plans, I have decided to let the house foreclose or try for a short sale. I had plans to move out of state in a few years when I'm done with grad school and I'm thinking it's time to just go ahead and move now. Even though my ex lives in another state and may see the children a handful of times a year, I would still need to go back to court to ask for permission to move away with the children. Hopefully the foreclosure won't happen before next May when school is out for the kids and I will just plan to see my divorce lawyer this winter as soon as I know where I'm accepted for grad school - I will then go to court for permission to move as well as go ahead to have the quitclaim enforced so that a short sale will hopefully go quicker if I can get one.

Edited by BTFLY

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I would go over to the legal forum and ask for advice. You can definitely get the orders enforced without a lawyer.

 

I know you can file a Motion of Contempt. Not sure what state you're in. Or an injuction. You could google a sample one from your state.

 

Clerks can't give legal advice so they often tell you to consult a lawyer, but you can do it pro se. I'm sure if you got it started, your ex would sign before court instead of going before judge and being in contempt.

 

If he signed, they mortgage company may still let the modification go through.

 

Don't give up just yet!

 

What state are you in?

Edited by yonifreedom

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I would go over to the legal forum and ask for advice. You can definitely get the orders enforced without a lawyer.

 

I know you can file a Motion of Contempt. Not sure what state you're in. Or an injuction. You could google a sample one from your state.

 

Clerks can't give legal advice so they often tell you to consult a lawyer, but you can do it pro se. I'm sure if you got it started, your ex would sign before court instead of going before judge and being in contempt.

 

If he signed, they mortgage company may still let the modification go through.

 

Don't give up just yet!

 

What state are you in?

 

I am in Alabama.

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Still not sure what your decree says about who gets house and/or what happens to deed? I use my cell, so won't be able to see any attachments or nlow up photos.

 

If the judge ordered you to get house and deed, you don't need to hire lawyer to have it enforced. Just go back to clerk and tell her you need to complete forms for a hearing because your ex is not complying with terms of settlement order.

 

 

I asked the clerk about having it enforced and she said I would need a lawyer for that.

Doesn't matter now anyway. After looking over the numbers and my future plans, I have decided to let the house foreclose or try for a short sale. I had plans to move out of state in a few years when I'm done with grad school and I'm thinking it's time to just go ahead and move now. Even though my ex lives in another state and may see the children a handful of times a year, I would still need to go back to court to ask for permission to move away with the children. Hopefully the foreclosure won't happen before next May when school is out for the kids and I will just plan to see my divorce lawyer this winter as soon as I know where I'm accepted for grad school - I will then go to court for permission to move as well as go ahead to have the quitclaim enforced so that a short sale will hopefully go quicker if I can get one.

 

Well...if he's still on title, you can't do the short sale without his cooperation so, you aren't cutting any corners by going that route. the only route you have available without the ex's cooperation is foreclosure.

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What did your divorce settlement say about the house/deed?

^^^^^^^^^^^THIS^^^^^^^^^^^^

 

This and other consumer self-financial help boards are littered with stories of ex's who signed quitclaims and found themselves stuck with paying the mortgage after receiving bad legal advice during the divorce proceedings. Methinks the OP's X got good legal advice from their divorce attorney for a change OR read stories like those posted online about quitclaims after a divorce and said in no way will I ever sign a quitclaim unless the house is sold and I'm at the closing table.

 

I'm positive he didn't get legal advice from a lawyer. He couldn't afford a divorce attorney when we first divorced. He is extremely spiteful, possibly narcissistic, and wants to see me fail even if it's to the detriment of the children. He knew I had very short notice to get it signed and said he would only sign it that quickly if I told the court system to get rid of the thousands of back child support he owes. He wanted me to call them up and lie and say he has actually paid it when of course he hasn't. When I wouldn't agree to that, he said that I could just take him to court to get it signed.

Sounds like he could use a few nights in jail to think about his financial obligations.

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Still not sure what your decree says about who gets house and/or what happens to deed? I use my cell, so won't be able to see any attachments or nlow up photos.

 

If the judge ordered you to get house and deed, you don't need to hire lawyer to have it enforced. Just go back to clerk and tell her you need to complete forms for a hearing because your ex is not complying with terms of settlement order.

 

 

I asked the clerk about having it enforced and she said I would need a lawyer for that.

Doesn't matter now anyway. After looking over the numbers and my future plans, I have decided to let the house foreclose or try for a short sale. I had plans to move out of state in a few years when I'm done with grad school and I'm thinking it's time to just go ahead and move now. Even though my ex lives in another state and may see the children a handful of times a year, I would still need to go back to court to ask for permission to move away with the children. Hopefully the foreclosure won't happen before next May when school is out for the kids and I will just plan to see my divorce lawyer this winter as soon as I know where I'm accepted for grad school - I will then go to court for permission to move as well as go ahead to have the quitclaim enforced so that a short sale will hopefully go quicker if I can get one.

 

Well...if he's still on title, you can't do the short sale without his cooperation so, you aren't cutting any corners by going that route. the only route you have available without the ex's cooperation is foreclosure.

 

 

I'm planning to go ahead and go with the court system and file a motion of contempt. I figure that I should have time to have that resolved before a possible foreclosure. I'm not emotionally tied to this house and had plans to move anyway once done with grad school. I think I'm just going to take this as a sign that I should plan to move next year instead of waiting a few years. In some ways it's less stressful since I won't have to worry about trying to sell the house, but of course foreclosure/short-sale brings about a lot of stress and uncertainty as well.

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What did your divorce settlement say about the house/deed?

^^^^^^^^^^^THIS^^^^^^^^^^^^

 

This and other consumer self-financial help boards are littered with stories of ex's who signed quitclaims and found themselves stuck with paying the mortgage after receiving bad legal advice during the divorce proceedings. Methinks the OP's X got good legal advice from their divorce attorney for a change OR read stories like those posted online about quitclaims after a divorce and said in no way will I ever sign a quitclaim unless the house is sold and I'm at the closing table.

 

I'm positive he didn't get legal advice from a lawyer. He couldn't afford a divorce attorney when we first divorced. He is extremely spiteful, possibly narcissistic, and wants to see me fail even if it's to the detriment of the children. He knew I had very short notice to get it signed and said he would only sign it that quickly if I told the court system to get rid of the thousands of back child support he owes. He wanted me to call them up and lie and say he has actually paid it when of course he hasn't. When I wouldn't agree to that, he said that I could just take him to court to get it signed.

Sounds like he could use a few nights in jail to think about his financial obligations.

 

 

Possibly, but I don't think he cares. Lots of life lessons I have learned by dealing with him.

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Here is the link for the google search I did. Take a look at the 2nd result down. Its an Alabama Court Form for Motion requesting a hearing for contempt.

 

Even if you move later, at least you won't have the foreclosure on it holding you up if you decide to buy again.

 

https://www.google.com/search?q=alabama+motion+for+contempt&oq=alabam&aqs=chrome.1.69i57j69i59.2602j0j4&client=ms-android-metropcs-us&sourceid=chrome-mobile&ie=UTF-8#xxri=2

Edited by yonifreedom

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Here is the link for the google search I did. Take a look at the 2nd result down. Its an Alabama Court Form for Motion requesting a hearing for contempt.

 

Even if you move later, at least you won't have the foreclosure on it holding you up if you decide to buy again.

 

https://www.google.com/search?q=alabama+motion+for+contempt&oq=alabam&aqs=chrome.1.69i57j69i59.2602j0j4&client=ms-android-metropcs-us&sourceid=chrome-mobile&ie=UTF-8#xxri=2

 

Thanks for this.

I think I am going to go ahead and plan to move next summer, hoping to stave off a foreclosure until then. I'll be in grad school for 2.5 - 3 years starting next summer and will come out of school more than doubling my current income. I'll be ready to purchase again at that time, but am hoping either a foreclosure or short-sale will have happened in that time so that I can purchase right after I'm done with school.

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Just an update for anyone who reads/searches for similar circumstances. I always like to know how somethings ended.

 

Things moved very quickly after I last posted on here. Got a notice to foreclose and had to be out of the house by late October 2017. I was not expecting it to happen that quickly. Spoke with someone from Greenpath as well as someone from somewhere in my state to prevent foreclosures. Greenpath stayed on the phone with me for more than an hour and was exceptionally helpful (moreso emotionally than anything). The Greenpath guy and I talked with Carrington and Carrington said the only way to rectify things was to pay more than 20k immediately for back pay/fees/interest or to foreclose. I could have gotten the money from my retirement but felt it was time to call it quits on this house and let it go. Moved to an apartment and told my daughters that I sold the house quicker than I had thought and we were moving out of state to wherever mommy got into grad school at.

 

Lots and lots of tears and almost mental breakdowns later and letting the house go has been the best thing for me. To stay in the house meant I could only apply to the one grad school in my area. Since I knew I had to move, I applied multiple places (increasing my odds of even getting in) and got into my #1 choice 7 hours away. We stayed in the apartment until May of this year and have moved into our new rental where we will stay until grad school is over.

 

I won't have a foreclosure on my reports because I had done Chap. 7 on it a couple years before. Ex may have a foreclosure because he didn't sign the quitclaim. Moving/foreclosure/name in the paper/things sitting on the sidewalk after I had moved was the most stressful thing I've ever been through, but it all turned out okay. Now just to get through school and watch my girls grow up and keep them from repeating some of the many mistakes I made through all of this.

 

In short, there is life after foreclosure and its not nearly as bad as I was expecting.

Edited by BTFLY

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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.

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On 7/15/2018 at 12:37 PM, BTFLY said:

Just an update for anyone who reads/searches for similar circumstances. I always like to know how somethings ended.

 

Things moved very quickly after I last posted on here. Got a notice to foreclose and had to be out of the house by late October 2017. I was not expecting it to happen that quickly. Spoke with someone from Greenpath as well as someone from somewhere in my state to prevent foreclosures. Greenpath stayed on the phone with me for more than an hour and was exceptionally helpful (moreso emotionally than anything). The Greenpath guy and I talked with Carrington and Carrington said the only way to rectify things was to pay more than 20k immediately for back pay/fees/interest or to foreclose. I could have gotten the money from my retirement but felt it was time to call it quits on this house and let it go. Moved to an apartment and told my daughters that I sold the house quicker than I had thought and we were moving out of state to wherever mommy got into grad school at.

 

Lots and lots of tears and almost mental breakdowns later and letting the house go has been the best thing for me. To stay in the house meant I could only apply to the one grad school in my area. Since I knew I had to move, I applied multiple places (increasing my odds of even getting in) and got into my #1 choice 7 hours away. We stayed in the apartment until May of this year and have moved into our new rental where we will stay until grad school is over.I won't have a foreclosure on my reports because I had done Chap. 7 on it a couple years before. Ex may have a foreclosure because he didn't sign the quitclaim. Moving/foreclosure/name in the paper/things sitting on the sidewalk after I had moved was the most stressful thing I've ever been through, but it all turned out okay. Now just to get through school and watch my girls grow up and keep them from repeating some of the many mistakes I made through all of this.

 

In short, there is life after foreclosure and its not nearly as bad as I was expecting.

Glad things turned out well for you. One thing about getting through a difficult time like this, is that you now know you can get through difficult times. Been there, learned that. :)

 

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2 hours ago, breeze said:

Glad things turned out well for you. One thing about getting through a difficult time like this, is that you now know you can get through difficult times. Been there, learned that. :)

 

 

Absolutely. I stressed and cried and probably got a few more wrinkles when it all turned out okay and even better than before. I will say one thing that helped was that I had zero emotional attachment to the home and that's something that the Greenpath counselor and I talked about.

Still embarrassed some about all of it, but it wasn't nearly as bad as I was expecting.

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