Legal Question in Real Estate Law in Massachusetts
I purchased a home back January 18, 2010 with my ex husband. we divorced and he stay in the property with notion to sell by July 2010. When apprached by it he states he is working on it. When I called the mortgae company they said his last payment received was July 1,2010. He owes close to 11,500.00 on the mortgage i am liable as well because i didint follow up properly. where do i stand now in this. I want him to pay and leave the property, So i can take over,
3 Answers from Attorneys
You can pay the outstanding balance and stop a foreclosure. You next step is to bring suit and have him removed from the mortgage and the property.
You will need to bring a Complaint for Contempt in the Probate Court. You should seek an order that the home be sold, and you should order that your attorneys fees be paid out of any such sale. If you would like to have your Separation Agreement reviewed and discuss your next steps, please feel free to contact our office. Best of luck!
Mr. Vaughn - Martel's advice is correct. File a Contempt Complaint and seek an order for him to make payments and place the home up for sale. In the alternative you can try to work out a payment plan with the lender or a deed in lieu agreement and ask the court to order your ex to comply.
If you feel you need assistance, please feel free to contact me.
Good Luck.
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