[quote=ucodegen]
This is where you screwed up. Did you have an attorney representing you at the time?
[/quote]
I did have a divorce/family law attorney. Regarding the loan with my ex-in-laws, he recommended hiring a separate real-estate attorney but I didn’t do so.
[quote=ucodegen]
From what I am seeing so far, the loan still looks open-ended though, so they aren’t really able to foreclose. The note was not callable as was written, unless you also signed something that changed the loan into something callable.
[/quote]
What exactly would make the note callable?
Doesn’t the deed of trust make it callable?
By the way, both my ex-wife and I signed the deed of trust. I refused to do so at the beginning because my wife was refusing to sign the “stipulation and order” document.
Regarding the note not being callable, what about the following that is written on the note?
3 Sept 2011 after date with interest payable MONTHLY and continuing until said principal has been fully paid. Should interest not be paid when due, it shall thereafter bear the like interest as principal.
[quote=ucodegen]
Was the divorce proceedings done through court or arbitration? $13K sounds like court(but not drawn out).
[/quote]
The divorce proceedings were done though arbitration. We never went to court except to finalize the agreement on the very last day before it took effect.
$13K included the restraining order.
[quote=ucodegen]
Was the “stipulation and order” part of the divorce agreement? [/quote]
No, it was not. And neither was the deed of trust. Before even reaching the final agreement, I signed the deed of trust while my ex signed the “stipulation and order”.
The “stipulation and order” included a entitlement to a reimbursement in the community residence by virtue of the money I brought as a down-payment and that I had acquire outside the marriage.
I found the document and it states the following:
“The parties acknowledge and agree Husband has a right to reimbursement for his separate property contributions of $85,824.49 as described above towards the acquisition of the family residence pursuant to California Family Code §2640. The parties agree that the Court Stipulation and Order
shall reserve jurisdiction over Husband’s right to reimbursement for the remaining $16,697.08
subject to tracing.”
