Both parties are pro se. We entered into an order where I would sign a vehicle title and give the vehicle to her and she would take my name off the mortgage - this would give her the house (where she’s living). I signed the title over to her and gave her everything - I just wanted out. Now, she SAYS she is unable to refinance (due to new mtg guidelines) but she is getting further and further behind in pmts. This affects my credit and my ability to enter into a lease or even apply for a mortgage. I filed a motion for contempt but judge said she couldn’t hold her in contempt because my ex-wife said she was trying to get the mortgage refinanced but just didn’t qualify. I need to move on with my life and I gave up all assets but now it’s come around to bite me. Any suggestions as what I can file in court to either get the house sold or have the judge give her a time period as when she has to have it done by?
Unfortunately, if she does not qualify to refinance the house into her own name…there is nothing you can do about removing your name from the mortgage. Even if the court orders her to do so…if she doesn’t qualify…there is nothing that can be done.
The court MAY be able to order her to sell the house.
Are you divorced?
If not, have you entered an Equitable Distribution claim? In that claim you may ask that the house be sold.
Yes, we are divorced. I’m thinking of filing a motion to set aside the judgment b/c she knew she couldn’t qualify for a refinance when she entered into the consent order and I gave up property based on her promise to remove my name from the mortgage (debt). If the judge sets aside the judgment then I’d ask the judge to sell the property and divide the assets as though the consent order had never been entered. Think this would work?
I don’t agree that a motion to set aside judgment is the appropriate action as the Order merely states that she will try and refinance the mortgage not that she will. Your best bet is if the order states that she will indemnify you for any loses in connection with the property to file another motion for contempt to collect any loses (including reasonable attorney’s fees) you incur as a result of her failure to refinance.
The order specifically says “wife will remove husband’s name from mortgage and deed” – doesn’t say how and doesn’t have a time frame. However, she misrepresented her ability to refinance when husband entered into agreement. Husband waived his right to certain assets based upon her promise to remove him from mortage, therefore reducing his debt ratio.
What the court found is that your wife is not intentionally violating the order as she does not have the ability to do so.