Am I that bad at math???

[florida gator]

Hopefully soon to be ex (hstbx) is $17k behind on mtg payments she has been ordered to pay more than once by the court. She claims their is no equity in the house (i have an appraisal that proves otherwise, hers is just opinion...). Now, since the mtg is in just my name I am close to considering her offer just so I don't have to worry about it anymore but here is the offer; She will take the house off my hands just refinancing (which I have my doubts about her ability since the rate was better by using just my name when we bought it a few years ago) and me just giving it up to her since in her opinion there is no equity. Or, I can pay the $17k she is behind and keep the house. Now according to my math if in fact there is no equity and she is $17k behind in payments, isnt she asking me for $17k to her which would assume there is $34k in equity???? This isn't even taking into consideration that she took a $20k cash advance from the HELOC the day before she filed for divorce.

Appraised Value $280k
Mtgs total $226k
Cash to her from HELOC $20k

The way I see it she is offering me $216k for a home appraised at $280. Or I can keep it for $263 ($226 mtg, $17k to catch it up, $20k she cash advanced).

I keep going back to the "deep thoughts" thread and rereading the post about if I killed her right after the wedding I would be out by now!!!!

[Ratickle]

I'm gonna give you advice, to be taken with a grain of salt because I don't know the whole story, and don't really want to.

If you trust your divorce attorney, you and he meet with the court that ordered her to pay, whom she is ignoring and therefore in possible contempt of, and see what they say.

If you don't trust your attorney, I have zero advice. Hit man????? (just kidding).

[florida gator]

It just takes forever to get back in front of the judge unless you have an emergency. This isn't an emergency!!!

Learned in Nov she was 3 months behind and went to court in Jan on contempt charges. Judge ordered her to get caught up. She still has not and the earliest we can get back in front of the judge is April 30 (which was scheduled in Feb). I'm sure she will get another slap on the wrist and go on with life.

This whole thing has been a nightmare which is why I'm compelled to let her just take the house. I do want at least 1/2 of the $20k cash adv she took before filing.

[Ratickle]

It just takes forever to get back in front of the judge unless you have an emergency. This isn't an emergency!!!

Learned in Nov she was 3 months behind and went to court in Jan on contempt charges. Judge ordered her to get caught up. She still has not and the earliest we can get back in front of the judge is April 30 (which was scheduled in Feb). I'm sure she will get another slap on the wrist and go on with life.

This whole thing has been a nightmare which is why I'm compelled to let her just take the house. I do want at least 1/2 of the $20k cash adv she took before filing.

I would think contempt charges, and possible foreclosure proceedings, on a court ordered settlement would be an emergency.

[MarylandMark]

So the mortgage is in your name and you trusted her to pay it?

1. Fire your attorney. They should have given her X amount of days to get the house out of your name and had her make payments in to an escrow to be sent to the mortgage company until she could.

2. Have your new attorney sue her for ruining your credit to cover the extra $$ you will be paying for insurance to credit card rates to your own mortgage.

3. Depending on how old the appraisal is; get another one. The market changes with every sale- most selling right now have to sell and most buying right now only will if it is an absolute bargain. Just saying- she may be right that there is no equity in the house.

4. Don't give her a red cent. If she is not paying the 1st, she is most likely not paying the HELOC- so this $17K is both loans I would assume? Why should you have to pay for her to have that $20K? If she is that far behind you are going to need all the cash you can because nobody is going to give you a loan without 30% down (they may- just saying; your credit score should be down about 200-250 with that many 30-60-90-120 day lates...)

[Griff]

There are a lot of things that don't make sense here. How is she on the heloc and not the primary mtg??? Did you own the house before you were married????

Chances are she won't be able finance it anyway and get it put in her name.

Is her name on the deed??????? If not, evict her, move back in and make her jump through hoops to get any money from you.

That or sell it and split any equity. The 20k cash she just took out should go to her share of any equity.

[florida gator]

All loans, mtgs, ccs etc are in my name. My atty says keep track of eberything I pay and I will get it back in the end. I just can't get to the end!!!

I know it has killed my credit. The bitter irony is this is all because her credit sucked and hers is now prob better than mine. She has been traveling and living it up with thousands in the bank and I have been living paycheck to paycheck and still falling behind for 15 months.

My atty recently filed to have her removed from the house and a judgment for the past due mortg. I told him I don't want or can't afford the house and all a judgement is, just 1 more piece of paper for her to ignore!!!!

Funny thing too, her income when she filed was $9300 month. She has since amended her affidavit 3 times to most recently income of $2200/month and living expenses of $11,500. Guess who she wants to pay the diff????

[mosi]

Then everyone wonders why people go Postal. :(

The Courts are so F'ed up and (I don't care about steping on toes) I really believe that most Attorneys are the most stupid, overpaid, individuals that walk the face of the earth and the Bar Associations are a bigger joke than OJ's murder trial outcome.


.

[cuda]

Consult your banker.

Oops that was you.

Seriously, I'd just cut my losses and be done with her if that's a possiblitly. You can always make more money, you can never make more time.

[cuda]

Then everyone wonders why people go Postal. :(

The Courts are so F'ed up and (I don't care about steping on toes) I really believe that most Attorneys are the most stupid, overpaid, individuals that walk the face of the earth and the Bar Associations are a bigger joke than OJ's murder trial outcome.


.

You are in error. The attorneys don't fit the criteria nearly as well as judges.

[Chris]

Keep in mind than now that you are divorced, you are two different entities. You need to contact a CPA regarding potential tax consequences.

[sledge]

Reject those offers.

You really need to bust your attorney's balls and keep fighting for every penny. Man up and get over the BS and don't let her d!ck you around. You need the $17k late payments PLUS the $20k HELOC. What does whatever equity SHE says there is in the house have to do with being behind on the payments? Get a judgment for $37k, evict her AND garnish her wages, make her sell her stuff. If she wants to stay, she refis for everything owed. Any shortfall goes through garnishment and a lien on the property.

Let me guess, she's got a woman attorney and you have a guy? For any man out there that may have to deal with this in the future, get a female bulldog for an attorney. Whether real or perceived, they fight harder to get what you deserve and sometimes more.

[Sean Stinson]

I know a couple of hard pipe hitting mofo bro's that I can send your way to work her over.... She will walk really funny and might not be able to hold her bowels well when they finish!!!!!!

[cuda]

I know a couple of hard pipe hitting mofo bro's that I can send your way to work her over.... She will walk really funny and might not be able to hold her bowels well when they finish!!!!!!

Hmm, sounds like the way I've collected invoices in the past. I've got two GC's that I can't decide whether to sue, or just go collect my money. I'll decide on Monday.

Like I said, it just ain't worth trying to collect any money. If you fight her, your lawyer will be the only winner. You cannot sue her for ruining your credit etc, without being able to PROVE actual monetary damage.

Cut your losses and move on. Just be more careful in the future before you tie the knot.

[Scarab KV]

Just be more careful in the future before you tie the knot.

Don't think I'd be considering that any time soon:D

[mosi]

You are in error. The attorneys don't fit the criteria nearly as well as judges.


No error here.....I can tell you first hand stories that you could only shake your head and say....."NO WAY!!!!!"


:boxing_smiley::boxing_smiley::boxing_smiley:

[boatme]

both judges and Liars (laywers) are the most non caring income sucking parasites on the earth

and people keep voting them into government


what do you call 100 out of work attorneys ???

CONGRESS

[Tommy Gun]

The way I understand the status is "soon to be ex"; if the divorce is not finalized I'd just wait for that to happen; if she is to have the house you will have to quit claim the deed to her and then you will no longer be on the hook for the mortgage and if there is is any settlelment due to you you will have in in writing from the court. If she is trying to negate the equity in the house to leverage her share of the settlement and the judge is already wise to it you should be ok.

[phragle]

100 would be the senate..

[florida gator]

Consult your banker.

Oops that was you.

Seriously, I'd just cut my losses and be done with her if that's a possiblitly. You can always make more money, you can never make more time.

Nice jab on the Banker. I was well aware of what I was doing to get the lower rate. The plan was to only have the house a few years. Even when the divorce started I was paying the mortg to keep it from getting behind. Then she started paying for a few months and stopped.

I agree with cut the losses, move on and start over. Just having a hard time getting this over so I can start over. As long as she gets to live there for free she has no incentive to let me out!!!!

I'm starting to hate attorneys, hers mine and even a long time friend who owes me $$$ that I could use right now!!!