Re: Lawsuit blues - Posted by JohnBoy
Posted by JohnBoy on August 20, 2005 at 24:27:48:
The way I see it, he was ordered to deed his interest to the wife…which he failed to do thereby violating a court order. Since he was ordered by the court to deed his interest to the wife, she is the sole owner. The wife deeded all her interest to you, which would include any interest he had since he was ordered to deed it to the wife.
He now claims damages because rates went up and he can’t get a loan. If his wife kept the property he still couldn’t get a loan. If his wife couldn’t afford the payments it would have damaged his credit. So your taking over the property subject to the existing mortgage has no bearing on his complaint about not be able to get a loan or has nothing to do with the rates going up. The court did not order the wife to refi or pay off the loan. They only ordered him to deed his interest to her, that’s it!
If anything, his only complaint could be brought against his x-wife, not you! SHE is the one who deeded her interest to you without requiring you to pay the mortgage off. This is her right to do since she was the owner of the property and hubby was required by court order to deed his interest to her. Unless the court order or divorce decree stated anything about her being required to pay off the mortgage upon any sale of the property, he is SOL and has no case against anyone! But even if he did have any kind of case it would be against the wife since SHE is the one who sold the property subject to the existing mortgage. What’s that got to do with you? Nothing! Zip! There is nothing illegal about buying a property subject to an existing mortgage. And in this case he has no say in the matter whatsoever. It’s not his property based on what the court ruled in the divorce decree. His argument is frivolous!
I would threaten his attorney with a suit against him for filing such a frivolous case!
I had an attorney try to pull some crap with me once with a tenant I had. I threatened to sue his a$$ for even filling such a frivolous case and the attorney dropped the tenant as a client! I don’t know if that will fly in your case, but I don’t see where he has a case in this situation.
I can’t get a mortgage! And??? Your point is??? Not my problem! That’s between you and your ex-wife and the court! Has nothing to do with you. His ex-wife sold HER property to you. You purchased it from her. He had no say in the matter because he had no legal interest in the property! He could pay off the mortgage himself and have you make the payments owed to him instead of the bank if wants it paid off!
Here is your choice! Sign over the deed like you were ordered to do by the court and being the nice guy you are you’ll refinance to get his name off the mortgage. Do it within 72 hours or the offer is dead! After that you will leave things the way they are until the mortgage is paid off over the remaining terms of the loan! There is nothing you can do about it! You did nothing illegal. What you did do was between you and his ex-wife. He had and has no say in the matter! Period! He has no valid claim against you over this matter. His argument and claim for damages because he can’t get a mortgage and the rates have gone up is frivolous! He should have resolved that problem with the court and asked the court to require his wife to have to refinance to get his name off the mortgage or required her to at least have to pay the mortgage off upon any sale of the property if she ever sold it. Unless he got this specified in the divorce decree then I don’t see where he has a claim for anything.
Why did the ex-wife sell to you subject to the mortgage? Was she not able to keep making the payments? Would he rather of had her fall behind and cause late pays to show up on his credit and in the end a foreclosure and a judgement against him?
Also, his argument about not being able to get a mortgage is weak at best. All he needs to do is show the property was sold and you are paying the mortgage. That would be a wash on his debt to income and allow him to get another mortgage. He doesn’t have to show it was paid off. Only that the property was sold and the payments are being made by someone else. So now what?
Sounds to me like his attorney is blowing smoke at this point. First they agreed to drop everything if you just refinance. Then they come up with this other crap to try and get you to refi within 60 days instead of 6 months. Well if they had such a great case then why would they agree to drop everything at all? Because they realize they have no case! So now they are just trying to get you to refi quicker within 60 days instead of 6 months like you proposed.
Which do you want? Within 6 months like you agreed or how ever many years are left on the mortgage? Pick one! This is your only option! If you want to threaten with frivolous lawsuits, then lets rock! I’ll keep the mortgage and pay it off over the term of the loan as agreed! Makes no difference to me! Your problem is not my problem and has nothing at all to do with me! I did nothing wrong nor did I do anything illegal! So, bite me!