Legal Question in Family Law in New York
Foreclosure Question
My ex-wife was awarded the house in the divorce. She was to obtain a mortgage within 15 months and she was to be responsible for the payments on the house. She has now left the home to move in with her new husband and she did not get a mortgage and she did not make the payments. The house is now in foreclosure under MY name only. What can we do in court to nail her to the ground and more importantly rectify the situation so that my credit can be repaired.
1 Answer from Attorneys
Re: Foreclosure Question
She can be held in contempt by the court and ordered to get the mortgage. If she cannot, the house is in your name and you should seek the aid of an attorney to see if she can be sued under the order( or substituted) or if there is a way to make her responsible for credit liable.
You do not say if you owe her any payments such as support or assistance, if you do, you may want to place them in escrow so that there will be funds to do the things you need to do( like bring the mortgage into forebearence) once the court gives you permission to do that. Finally you need to seek a stay of the forclosure ASAP.
Do not delay, find an attorney right away.
Good Luck.
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