Foreclosure and contempt


#1

Ex took home in our divorce and is court ordered to pay for mortgage payments and everything associated with the house. She moved out of the house one week after the divorce was finalized, never paying a single payment. She claims she couldn’t afford the home, but her income never changed and she could have afforded the home. I specifically took most of the bills in the divorce so she could stay in the house. Now, the house has fallen into foreclosure 2 years later. She told me that no judge would ever hold her responsible for the home and that I waited too long to take her to court for contempt charges. She lied on the short sale documentation and hardship letter about her expenses and said she was not receiving child support. Her defense is that the reason she could not pay the mortgage is because she did not receive child support and when she did it was late. Both are untrue and can be proven. Is her lawyer accurate, that she will not be held accountable because I waited too long to file contempt charges? The house fell into foreclosure a couple of months ago and she always told me the house would be selling in a short sale. Also, what relief/sanctions would the court possibly determine? How would the court determine what relief I would be awarded? Her lawyer told her, most likely nothing and that she would have to pay a fine. If that’s the case, why would she not be held responsible for her end of the agreement?


#2

NOT AN ATTORNEY

If it is under 2 years, I believe that you are still within the statute of limitations to file for contempt as well as other things. Her lying about income and not receiving the child support may qualify as fraud." You may wish to seek the assistance of an attorney who is well-versed in contract law.