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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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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.

This thread is exactly what I am going through. My ex stayed in the house and never sold it. Despite my having multiple police reports and victim advocates, and therapists, child support enforcement  and restraining orders. Over several years no one once ever told me the divorce decree could be enforced. I thought it was a final decree and set in stone....nothing could be done about it. 

I just found out this week that I could file a contempt of divorce to force the sale and I am hoping that the court gives me possession of the home so I can ensure it is sold. He put the home in foreclosure three times and He lived there rent free for years. He filed bankruptcy three times to halt the foreclosures.  He had his foreclosure attorney listed as my attorney so I never recieved one communication from the bank or the court: There is now some sort of new mortgage (modification) with ocwen and I am still on the title. Friday and Monday I will be submitting the contempt of divorce pro se. It is amazing that my situation is not unique. Just wanted to share. Actually now that I think of it.....would a change award the home until it sells through a contempt of divorce? Many thanks!

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