Ex-husband won't sell - Posted by Ben (NJ)

Posted by JD on November 26, 2000 at 09:30:21:

This would not be a problem in my State since one joint tennant spouse can encumber the property provided it is not formally homesteaded. Of course I am not familiar with the law in NJ. You could, after purchasing the note, release her from any personal responsibility. Hence saving her credit if you have to do a foreclosure.

Ex-husband won’t sell - Posted by Ben (NJ)

Posted by Ben (NJ) on November 25, 2000 at 21:37:07:

I am trying to help out a friend who is involved in a bitter divorce. I am willing to refi her mortgage for
60 years rather than 30 to cut her payments in half. I am not interested in helping her soon to be ex-husband so first I need him to sign his interest (25%) over to her. He won’t do it for any amount of money (despite the fact there is very little equity) and is just content watching the house ultimately get foreclosed on. Is there any way to get him to sell? Is a court ordered sale the only option? he is out of the house so he doesn’t care that his wife and eight year old daughter suffer. Any creative solutions?

Ignore him… and save the house… - Posted by leslie

Posted by leslie on November 26, 2000 at 16:34:24:

Actually getting him off the deed may not really be necessary in order to accomplish your goal.
It sounds like he is already out and gone. This is an important fact. She has possesion. Can she get an order (court order) to keep him away?
This is very common, and I think fairly easy to do.

You might simply bring the loan current and keep her in there. That saves the home for her and daughter, and solves that emotional part of the equation.

If you wish, the funds needed to do that could be secured. This could be a loan on a non-recourse 2nd. Non recourse meaning you could foreclose later w/o her liability. This may be of some use later. In my state it would only encumber her interest in the property, but you may not feel you even need that. It could be a personal note or just a handshake, or a hug, depending.

In terms of getting him off the deed, he will need to have incentive. That might be money, another property, a harley, liberal visitation rights, who knows.

You can possibly push him off the deed if you can control any lien that is in front of his interest. This was mentioned earlier, as in buying any existing notes.
Not all notes can be bought, often they are bundled, and not for sale seperately.

I wonder if:

Could you buy a note that possibly secures his vehicle, or some other debt of his, and make him a deal, like an equity trade ?

Sign over her interst in the comming joint tax refund to him ?

Leave him and her on the deed, bring it current, and look for a court ordered sale down the road.

Good luck,


Re: Ex-husband won’t sell - Posted by JohnBoy

Posted by JohnBoy on November 26, 2000 at 02:12:58:

If you are going to refi her mortgage then what about buying the defaulted note from the lender yourself? Maybe get it at a nice discount too, if there’s little equity left. Then you can foreclose and get the property and turn around and sell to the woman you’re trying to help.

Just thinking out loud???

I’d like to see that amortization schedule . . . - Posted by JoeKaiser

Posted by JoeKaiser on November 26, 2000 at 01:06:21:

Double the years and cut the payments in half? Sign me up!


Re: Ex-husband won’t sell - Posted by Jim IL

Posted by Jim IL on November 25, 2000 at 23:16:39:

Frankly, after having been thru a couple of divorces myself, and having dealt with some sellers going thru it, it is VERY hard to get one party to cooperate when the other wants to.
Many parties involved in divorce are simply pig headed and will hurt themselves just to take “Revenge” on the other.
Sad but true!
But, it also never hurts to educate the parties sometimes about the ramifications of there actions, and how it can hurt them also.
In this situation, you may want to take a look at Kaisers’s website and seek out is “Ultimate Foreclosure Letter”.
Make one up and get it to the non cooperative husband.
Also, make sure he sees what a F/C’er will do to his credit, and the possible tax issues he may face.
This may help, and it may not.
But, whatever you do, do not waste too much time on this one.
Just watch it and follow up later, he may change his “Tude” a bit with time.

Take care,
Jim IL

This may be the way to go… - Posted by Ben (NJ)

Posted by Ben (NJ) on November 26, 2000 at 08:50:31:

rather than trying to get this prick to agree to anything logical, I can buy the note and then hammer him into foreclosure.This would hurt my friend’s credit
too but at least she would end up with ultimate control over the home. I’ll think about it. Thanks.

Re: Ex-husband won’t sell - Posted by Stacey McGrath

Posted by Stacey McGrath on November 26, 2000 at 08:04:44:

Boy does this story bring back memories for me. Five year’s ago I was involved in a simular story. My ex would not move out and prolonged the divorce by two year’s so that when our ballon was up the house would be lost. I did not want a forclosure on my credit. This is what I did. I called an add in the paper for someone who would by house’s. I explained to him the whole story. He jumped right on it. With only 4 day’s left until forclosure and 17 thousand in equity he was more then willing to help. He called my ex with the info I gave him(also knowing my ex had no money to be out in 4 day’s), offered to by the house at what was owed and pay for all my ex’s moving expense’s. Lucky for me he was desperate enough to take the deal. One big snag my ex owed me 4,500 in child support and their was a lien on the house. At this point the gut that was helping me wanted to back out. I convienced him that he would still be making a good profit off the house and if he was willing to pay off the lien I would by the house back from him with the 4,500 I got from the Child Support. Well my ex had no idea that I was involved in this at all. He called me and asked me to sign off so he could sell it quick. I made him sweat it out for about 12 hour’s. Well the deal went thru and boy was my ex surprised when 2 week’s went by and I called him to tell him I had moved and he could pick up the kid’s at our new address. I guess in the long run I lost some equity, But boy did I have the last laugh. I have my home back and he rent’s. I have also bought 2 more homes since.

Good luck to you!
Stacey Fl.

DOSEN’T WORK. . - Posted by Tom

Posted by Tom on November 26, 2000 at 11:46:10:

Doesn’t work: Ex. $100,000 30 years, 8%, Payment =$734
$100,000 60 years, 8%, Payment = $672.00