Mortgage

[honeybrown88]

I have been legally divrced since January of 2008. Since I still live in the marital home with our son, part of the settlement was that I would pay the entire first mortgage and half of the second mortgage. My ex has not lived up to his end of the order and I have been paying is half of the second mortgage so I won't lose the home. I know I would have to go back to court and get a garnishment against him to make him pay. Is there any other way of getting out of paying the full second mortgage? Can the second mortgage company foreclose if I stop paying? How can I get his name off of the deed other than by refinancing?

 

[seniorjudge]

Q: Is there any other way of getting out of paying the full second mortgage? Can the second mortgage company foreclose if I stop paying? How can I get his name off of the deed [I am assuming you mean mortgage] other than by refinancing?

A: No, yes, and no.

 

[Duranie]

Yes the second mortgage can foreclose. they may not gert much because they are second in line but yes they can sue. There is no way to get him off the deed without refinancing. I highly doubt he will sign away his rights without getting off the mortgage. You need to take him back to court for contempt if he is not paying but I highly doubt you can garnish him. Normally marital settlements are not garnished like child support. If you get a judgement against him in small claims you might be able to garnish then.

 

[amygirl23]

I don't think you can get his name off? You would also lose your rights. He has to refiance. I'm in the same boat. YOu have to go back to court and hold him to contempt. I was told you have to do an "order to show cause" to the judge.