[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-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=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.

[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.

[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.

[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.

[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.

[bearishgurl]

[quote=Rustico]It is an old thread BG.Even without the date stamps you can tell because there isn’t a Realtor asking to be PM’d on the second post. The patient practice and art of schmoozing and begging clients has fallen off quite a bit around here. On this thread nothing happened until the third post and then it consumed the thread with posts that make yours look tiny.

Rustico;
Misses the “good ole days”![/quote]

Lol, Rustico…are you sure the “schmoozing” is not still going on, albeit not as blatant as before?

I didn’t even look at the posts on the first page when posting to the OP’s situation. I just saw the last page of postings and didn’t pay attn to dates. And didn’t pay attn to names of posters, either. Was just responding to OP. So what…do you want me to change my screen name to “skimmergurl?”

[bearishgurl]

[quote=Rustico]It is an old thread BG.Even without the date stamps you can tell because there isn’t a Realtor asking to be PM’d on the second post. The patient practice and art of schmoozing and begging clients has fallen off quite a bit around here. On this thread nothing happened until the third post and then it consumed the thread with posts that make yours look tiny.

Rustico;
Misses the “good ole days”![/quote]

Lol, Rustico…are you sure the “schmoozing” is not still going on, albeit not as blatant as before?

I didn’t even look at the posts on the first page when posting to the OP’s situation. I just saw the last page of postings and didn’t pay attn to dates. And didn’t pay attn to names of posters, either. Was just responding to OP. So what…do you want me to change my screen name to “skimmergurl?”

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