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Home › Forums › Housing › Ex-in-laws (3rd party creditors) want to foreclose on my condo › frenchlambda wrote:According

May 19, 2011 at 1:55 PM #697754
ucodegen
Participant

[quote frenchlambda]According to Eugene, they have a right to foreclose based on the fact that the loan will mature on 9/3/2011.[/quote]
The wording does not say mature, or mention a balloon payment date. Wording has to be specific. You can’t have the word “Balloon” and a date by it.
[quote bearishgurl]Regardless of ANY language on the OP’s MSA, I STILL have a problem with the ex-wife signing the trust deed (along with the OP). Whether the holder of the (belated) trust deed (executed during a “divorce settlement”) is a relative or not is immaterial. In CA, I don’t see how domestic judges can legally absolve a domestic party from a promissory note they signed while married and taking title as joint tenants. Nor can they absolve parties of joint debts secured by filed trust deeds they executed together.
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I agree. I think this is why the girls parents wanted it done before the marriage settlement. They had an unsecured loan combined with their daughter being in a net-negative position in marital assets. I also think that they made sure that the 85K was negated in the marriage settlement.. with two words. His attorney should have caught these and what it meant in terms of assets. This is why I thought he didn’t have an attorney present with the signing of the trust deed and “stipulation and order”. — still shaking my head.
[quote bearishgurl]I’m not you but I really believe, based on the child endangerment charge filed against your ex, that you could have gotten at least a 50% timeshare and even moved her to Orange County to live near your job, IMHO
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I think he could have located child care near his Orange County job.. long drive for the kid, but they are good at napping in cars. Just don’t swear at the OC traffic with the kid in the car. Even when napping, their ears are on.

Instead of quoting a bunch of stuff, I do agree with much of what bearishgurl has posted previously here: http://piggington.com/exinlaws_3rd_party_creditors_want_to_foreclosed_on_my_condo#comment-185311

[quote Scarlett]The child is very young, she will adapt easily and she will forget about it.
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Problem there is that he does not have exclusive custody, so I suspect.. using past behavior of ex-in-laws, ex-wife and some personal experience(as a kid), that the ex-in-laws are going to use every chance to tell the child just how bad her father is. Nasty stuff, divorces can be.