[quote=bearishgurl]If this $85K is not addressed in the OP’s MSA, I think he should file for a “characterization hg” (of the 2640 amt). He can then file an abstract on the ex for whatever judgment is awarded to him and then get a writ of execution and lien her wages for payments until it is paid off (assuming other creditors have not already liened her wages). But he should only do this AFTER the negative real property issue is disposed of … in that order.[/quote]
On second thought, how about doing this right away, since you have the proof for $85K? Get the judgment against your ex ASAP. Then file the abstract and obtain your writ of execution. When her employer is served and calls her into HR, she will likely complain to her parents about it.
Then use this judgment as “leverage” against the parents – the parents execute a full reconveyance and the OP executes a Satisfaction of Judgment simultaneously in HIS attorney’s office with the bright sun streaming thru the windows. The parents will balk first, then consult their attorney and then play ball. Call their bluff and threaten to stop making payments on both loans, if necessary.
Perhaps you can gain the upper-hand here this way. Just thinking out loud … If this tactic works, you will have only have your 1st TD left to pay on your condo and can recover your downpayment upon sale … whenever you desire.
