Legal Question in Bankruptcy in Michigan
I filed bankruptcy on a mortgage back in 2012. During my divorce proceedings in 2013 my ex-wife and her boyfriend completely destroyed the property. The City told me I was responsible for all damages, since my name is one the "taxes". The taxes were included in the mortgage. Three different banks have the short sale on this property. I called all three to find out who exactly has the deed. None of the banks know. The City is trying to get misdemeanor charges, $3,000 in fines, and they have placed a lieu on the property until the fines are paid. I receive letters every week regarding this. I've called my divorce lawyer, he says he has no experience in that particular area. I'm confused on what I should do. I haven't lived there since March 2013. This house has been in foreclosure since 2008 till now. Why does the city penalize and victimizing the property owner twice. I want to counter sue or have the fines dropped. Advice please.
1 Answer from Attorneys
I would need to know more facts. I am assuming you received a discharge from the bankruptcy court? Relevant questions. Did you report what you suspect was your ex-wife and her boyfriend's activities to the police? How do you know they did it and what evidence exists to support that theory? Ask your divorce lawyer the following or call another divorce lawyer and ask - do these acts, assuming good evidence, constitute a violation of the judgment of divorce? Do you have that document? Has the City taken any legal or administrative action against you? You said a lien was placed on the property but were there any proceedings held on this matter? If so what was the disposition or status (i.e.hearing to be held or judgment rendered)? You may have appeal rights if there has been a decision but the timelines are strict. You should seek some legal advice on how much time you have to sue. If criminal charges have been filed, call a criminal lawyer. Has there been any delay by you in not taking action against your ex and if so why not? Did you explain any of this to your mortgage servicer or its attorney? Does the mortgage have an anti-waiver clause? If it was a well written mortgage then the servicer or holder will be safe. What does the mortgage say about waste? I am guessing that the City wants to demolish the house and make you pay for it. What specific charges would they file against you? Malicious destruction of private property? Have eviction proceedings been held and if so when relative to the wrongdoing? Did you or anyone have any insurance on the property? Was that a requirement in the judgment of divorce? I don't see this as a bankruptcy issues if either the alleged wrongdoing occurred prior to the filing or if all of the fines were not imposed after filing.
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My ex wife and I owned a home together, with an equity loan both are names on both... Asked 11/12/14, 4:38 am in United States Michigan Bankruptcy Law