QUESTION

My ex is in contempt of our divorce decree, what can I do?

Asked on Aug 30th, 2015 on Divorce - Oregon
More details to this question:
I gave him the house and 2 years to take my name off of it in the divorce. Time is up and my name is still on it and there's been legal trouble at the place and talk of him walking away from the place. What can I do on my own or is it recommended to have a lawyer and how much would it cost?
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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It appears that you and your ex-husband are both on the title to the house and the loan secured by the house. In order for him to have taken your name off the loan, he would have had to convince the lender to release you from the loan obligation so he would be the only one liable for making the payments. If the lender did not think his credit record was good enough, they might have refused to agree to releasing you from the loan. I believe you need to consult with an attorney on this matter see what you can do under the dissolution judgment as entered, but you might want to check the status of the title with the County Clerk's office (get copies of the current deeds of trust and the latest deed) and check with a local broker to get an idea as to what the property is worth as opposed to the current loan balance. At that point you can make a decision as to whether you take the house back in your name alone and sell it or look into making a deal with the holder of the note to release the property without going through a foreclosure proceeding. On another point, if you see an entity known as MERS in your chain of title to the house, definitely take that to a lawyer. MERS is an entity that was acting as a representative of a large number of lenders and it was normally listed in the Deed of Trust as the beneficiary of the actual lender who was quite often not on the Deed of Trust. As MERS went through a bankruptcy a few years ago (and, I believe, never came out), the lender?s claim to an interest in the title to your house may not be valid.
Answered on Sep 04th, 2015 at 5:28 PM

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