Ex-in-laws (3rd party creditors) want to foreclose on my condo

[bearishgurl]

[quote=frenchlambda]…My goal is to keep to the place and refinance. It is doable in my opinion. I do not want to go into foreclosure. I also want to be financially detached from my ex-in-laws. I really don’t want to have anything to do with them anymore but I can live with continuing to pay them for another 2 years.[/quote]

frenchlambda, if you currently owe $330K on the condo and it is only worth $340K, I don’t see how you can successfully refinance. Your condo would have to be worth $412,500 in order to qualify it for a $330K loan at 80% LTV. It could be several years (if at all) before this happens.

edit: Therefore, you will have to bring another $72,500 (+ closing costs) of your OWN money to the table to make a refinance happen.

[ucodegen]

[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.
[/quote]
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
[/quote]
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.
[/quote]
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.

[ucodegen]

[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.
[/quote]
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
[/quote]
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.
[/quote]
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.

[ucodegen]

[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.
[/quote]
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
[/quote]
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.
[/quote]
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.

[ucodegen]

[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.
[/quote]
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
[/quote]
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.
[/quote]
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.

[ucodegen]

[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.
[/quote]
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
[/quote]
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.
[/quote]
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.

[bearishgurl]

[quote-ucodegen]…There was no purpose surrendering the deed of trust in order to get her signature…[/quote]

Thank you.

[quote-ucodegen]…Property drops by $100K in value, meaning that you have a shared deficit of $100K. Split 50/50 means that you both have deficits of $50K each. Balancing that with the amount paid in from pre-marital assets, means that she is in negative territory to the tune of $50K-$28K or owes $22K. Your position ends up being $85K – $50K = $35K. Both of you lost $50K of asset value (shared loss – community property) when comparing pre and post marriage. This is basically the calc that would have been done if the property had been sold, and should have been done when dealing with the marriage settlement. (I initially thought the 85K was for something else, not related to property brought into the marriage.). NOTE: the cost of the divorce is also generally shared…[/quote]

This is what made me think that the OP’s attorney was “asleep at the switch.”

[quote=ucodegen]…There is an interesting quirk in the “stipulation and order” in that you may still have a right to have the $85K reimbursed. The way it was written does not tie it to the value of the property(condo), but from who? This is where an attorney might be useful. Oddly, you might be able to have the full amount assessed against the wife’s current assets and use that to reduce what is owed to the ex-in-laws (loan was not arms length). Does the “marriage settlement” mention anything with respect to this specific $85K?…[/quote]

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=ucodegen]** I wonder if anyone on this board knows a good attorney, particularly in the area of property, assets and marriage/divorce. An attorney needs to take a look at this mess (not one looking to charge as many hours as possible, or pad their hours). Maybe I am out of touch with today’s prices, but I don’t think frenchlambda got much for his $13K for restraining order and arbitrated divorce. The paperwork is too messy…[/quote]

I might be able refer the OP, if he pm’s me. frenchlambda, you will have a monthly retainer available for a few months if you end up stopping making your mortgage payments…Just saying…

[quote=ucodegen]If I am out of touch with today’s prices.. then I definitely went into the wrong field 8-P.[/quote]

I KNOW, ucodegen. I missed my “calling” at least 35 years ago. It is too late for me now, lol :={

[bearishgurl]

[quote-ucodegen]…There was no purpose surrendering the deed of trust in order to get her signature…[/quote]

Thank you.

[quote-ucodegen]…Property drops by $100K in value, meaning that you have a shared deficit of $100K. Split 50/50 means that you both have deficits of $50K each. Balancing that with the amount paid in from pre-marital assets, means that she is in negative territory to the tune of $50K-$28K or owes $22K. Your position ends up being $85K – $50K = $35K. Both of you lost $50K of asset value (shared loss – community property) when comparing pre and post marriage. This is basically the calc that would have been done if the property had been sold, and should have been done when dealing with the marriage settlement. (I initially thought the 85K was for something else, not related to property brought into the marriage.). NOTE: the cost of the divorce is also generally shared…[/quote]

This is what made me think that the OP’s attorney was “asleep at the switch.”

[quote=ucodegen]…There is an interesting quirk in the “stipulation and order” in that you may still have a right to have the $85K reimbursed. The way it was written does not tie it to the value of the property(condo), but from who? This is where an attorney might be useful. Oddly, you might be able to have the full amount assessed against the wife’s current assets and use that to reduce what is owed to the ex-in-laws (loan was not arms length). Does the “marriage settlement” mention anything with respect to this specific $85K?…[/quote]

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=ucodegen]** I wonder if anyone on this board knows a good attorney, particularly in the area of property, assets and marriage/divorce. An attorney needs to take a look at this mess (not one looking to charge as many hours as possible, or pad their hours). Maybe I am out of touch with today’s prices, but I don’t think frenchlambda got much for his $13K for restraining order and arbitrated divorce. The paperwork is too messy…[/quote]

I might be able refer the OP, if he pm’s me. frenchlambda, you will have a monthly retainer available for a few months if you end up stopping making your mortgage payments…Just saying…

[quote=ucodegen]If I am out of touch with today’s prices.. then I definitely went into the wrong field 8-P.[/quote]

I KNOW, ucodegen. I missed my “calling” at least 35 years ago. It is too late for me now, lol :={

[bearishgurl]

[quote-ucodegen]…There was no purpose surrendering the deed of trust in order to get her signature…[/quote]

Thank you.

[quote-ucodegen]…Property drops by $100K in value, meaning that you have a shared deficit of $100K. Split 50/50 means that you both have deficits of $50K each. Balancing that with the amount paid in from pre-marital assets, means that she is in negative territory to the tune of $50K-$28K or owes $22K. Your position ends up being $85K – $50K = $35K. Both of you lost $50K of asset value (shared loss – community property) when comparing pre and post marriage. This is basically the calc that would have been done if the property had been sold, and should have been done when dealing with the marriage settlement. (I initially thought the 85K was for something else, not related to property brought into the marriage.). NOTE: the cost of the divorce is also generally shared…[/quote]

This is what made me think that the OP’s attorney was “asleep at the switch.”

[quote=ucodegen]…There is an interesting quirk in the “stipulation and order” in that you may still have a right to have the $85K reimbursed. The way it was written does not tie it to the value of the property(condo), but from who? This is where an attorney might be useful. Oddly, you might be able to have the full amount assessed against the wife’s current assets and use that to reduce what is owed to the ex-in-laws (loan was not arms length). Does the “marriage settlement” mention anything with respect to this specific $85K?…[/quote]

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=ucodegen]** I wonder if anyone on this board knows a good attorney, particularly in the area of property, assets and marriage/divorce. An attorney needs to take a look at this mess (not one looking to charge as many hours as possible, or pad their hours). Maybe I am out of touch with today’s prices, but I don’t think frenchlambda got much for his $13K for restraining order and arbitrated divorce. The paperwork is too messy…[/quote]

I might be able refer the OP, if he pm’s me. frenchlambda, you will have a monthly retainer available for a few months if you end up stopping making your mortgage payments…Just saying…

[quote=ucodegen]If I am out of touch with today’s prices.. then I definitely went into the wrong field 8-P.[/quote]

I KNOW, ucodegen. I missed my “calling” at least 35 years ago. It is too late for me now, lol :={

[bearishgurl]

[quote-ucodegen]…There was no purpose surrendering the deed of trust in order to get her signature…[/quote]

Thank you.

[quote-ucodegen]…Property drops by $100K in value, meaning that you have a shared deficit of $100K. Split 50/50 means that you both have deficits of $50K each. Balancing that with the amount paid in from pre-marital assets, means that she is in negative territory to the tune of $50K-$28K or owes $22K. Your position ends up being $85K – $50K = $35K. Both of you lost $50K of asset value (shared loss – community property) when comparing pre and post marriage. This is basically the calc that would have been done if the property had been sold, and should have been done when dealing with the marriage settlement. (I initially thought the 85K was for something else, not related to property brought into the marriage.). NOTE: the cost of the divorce is also generally shared…[/quote]

This is what made me think that the OP’s attorney was “asleep at the switch.”

[quote=ucodegen]…There is an interesting quirk in the “stipulation and order” in that you may still have a right to have the $85K reimbursed. The way it was written does not tie it to the value of the property(condo), but from who? This is where an attorney might be useful. Oddly, you might be able to have the full amount assessed against the wife’s current assets and use that to reduce what is owed to the ex-in-laws (loan was not arms length). Does the “marriage settlement” mention anything with respect to this specific $85K?…[/quote]

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=ucodegen]** I wonder if anyone on this board knows a good attorney, particularly in the area of property, assets and marriage/divorce. An attorney needs to take a look at this mess (not one looking to charge as many hours as possible, or pad their hours). Maybe I am out of touch with today’s prices, but I don’t think frenchlambda got much for his $13K for restraining order and arbitrated divorce. The paperwork is too messy…[/quote]

I might be able refer the OP, if he pm’s me. frenchlambda, you will have a monthly retainer available for a few months if you end up stopping making your mortgage payments…Just saying…

[quote=ucodegen]If I am out of touch with today’s prices.. then I definitely went into the wrong field 8-P.[/quote]

I KNOW, ucodegen. I missed my “calling” at least 35 years ago. It is too late for me now, lol :={

[bearishgurl]

[quote-ucodegen]…There was no purpose surrendering the deed of trust in order to get her signature…[/quote]

Thank you.

[quote-ucodegen]…Property drops by $100K in value, meaning that you have a shared deficit of $100K. Split 50/50 means that you both have deficits of $50K each. Balancing that with the amount paid in from pre-marital assets, means that she is in negative territory to the tune of $50K-$28K or owes $22K. Your position ends up being $85K – $50K = $35K. Both of you lost $50K of asset value (shared loss – community property) when comparing pre and post marriage. This is basically the calc that would have been done if the property had been sold, and should have been done when dealing with the marriage settlement. (I initially thought the 85K was for something else, not related to property brought into the marriage.). NOTE: the cost of the divorce is also generally shared…[/quote]

This is what made me think that the OP’s attorney was “asleep at the switch.”

[quote=ucodegen]…There is an interesting quirk in the “stipulation and order” in that you may still have a right to have the $85K reimbursed. The way it was written does not tie it to the value of the property(condo), but from who? This is where an attorney might be useful. Oddly, you might be able to have the full amount assessed against the wife’s current assets and use that to reduce what is owed to the ex-in-laws (loan was not arms length). Does the “marriage settlement” mention anything with respect to this specific $85K?…[/quote]

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=ucodegen]** I wonder if anyone on this board knows a good attorney, particularly in the area of property, assets and marriage/divorce. An attorney needs to take a look at this mess (not one looking to charge as many hours as possible, or pad their hours). Maybe I am out of touch with today’s prices, but I don’t think frenchlambda got much for his $13K for restraining order and arbitrated divorce. The paperwork is too messy…[/quote]

I might be able refer the OP, if he pm’s me. frenchlambda, you will have a monthly retainer available for a few months if you end up stopping making your mortgage payments…Just saying…

[quote=ucodegen]If I am out of touch with today’s prices.. then I definitely went into the wrong field 8-P.[/quote]

I KNOW, ucodegen. I missed my “calling” at least 35 years ago. It is too late for me now, lol :={

[bearishgurl]

[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.

All’s fair in love and war…

[bearishgurl]

[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.

All’s fair in love and war…

[bearishgurl]

[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.

All’s fair in love and war…

[bearishgurl]

[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.

All’s fair in love and war…

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