Legal Question in Family Law in Maryland

Unpaid mortgage

Our divorce agreement clearly specifies that my ex-husband will make monthly mortgage payments for the house that his children and I still live in. He has missed several payments, I've received a foreclosure warning from the mortgage bank. Time is of the essence, so must I pay the mortgage myself to prevent eviction, and then go to court to seek reimbursement from him? Or can the court delay foreclosure and order him to pay immediately? I'd obviously prefer the latter. Also, is a lawyer required for such obvious noncompliance, or can I simply present my divorce agreement and the foreclosure notice to the court myself? Thank you for any insight you can provide.


Asked on 2/27/06, 7:28 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Unpaid mortgage

To answer your first question, the court does not have the authority to prevent a foreclosure because your ex is violating your agreement. You will have to file a court petition requesting a show cause order, which directs him to show why he shouldn't be held in contempt of court for breaching the agreement, which is in reality a violation of a court order. To protect your investment in the home, you should keep the mortgage up. When you go to court, you'll ask the judge to enter a judgment against him for the amount you've put out on the mortgage. If he's working or has a bank account, you'll have the ability to garnishee his paycheck or attach his bank account to get your money.

To answer your second question, from the above you can discern that these procedures can be complicated if you aren't familiar with the law and the court procedure. If you want to make sure your objectives are met, you'd be well advised to retain an experienced family attorney.

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Answered on 3/02/06, 3:18 pm


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