Should have known it was just the calm before the storm...
I should have known that the delightful absence of the skids and BM was too good to last. BM has been calling DH non-stop all week about quit claiming the deed to their jointly owned home so she can try to modify the loan. She stopped paying on the mortgage last August and its in foreclosure with an August sale date. DH calls the mortgage company to get the info and discovers that I was correct - even it the loan is modified, he'll be stuck on the loan for the next 30 years with BM, and subject to her every whim. He decides to offer to do everything she asks if she'll sign and file an agreement with the court that states she'll refinance in her name or sell the house in 5 years when the youngest turns 18. After weeks of calling and leaving nasty messages about how he has to do this so his kids have a home, she tells DH she isn't even sure she wants to stay in the house because she's always hated it. WTF?! Why are you calling then?!! Of course the conversation about how to handle the foreclosure turns into a 2 hour bitch fest from BM, complete with crying and screaming from SS12 about how he doesn't want to see his dad again if he is with me because I don't like his mom. GEEZ kid, get over it. Your mom doesn't like me either and I could care less. The difference is that DH and I have a iron proof no bad mouthing BM policy in front of the skids and all BM does is bad mouth us all over the place. Including all over FB, where she is friends with DH's family, kids, and just friended his best friend from high school.
The funny part is that after all of the nasty stuff BM had to say and after sending a nasty email two weeks ago saying that visitation was permanently on hold, she tells DH that SS12 might want to come down to our (MY) house to visit and that if DH is on his best behavior he can take BM's horrible nephew too. I just about laughed my ass off. SS12 is pretty good for me, but BM has him on every medication under the sun and he is an absolute TERROR for BM. I figured it would take longer than two weeks for her to get tired enough of him 24/7 to ALLOW us to take him. And being on my best behavior to deal with her moron of a nephew - yeah, no thanks. I told DH that he is more than welcome to go up to their town to visit, but they are NOT coming here for at least 6 months PERIOD. I've had enough of doing an insane laundry list of nice things for them, while they badmouth me and tell their dad to divorce me. If BM is so wonderful, they can get their fill of her:)
Do not promise anything until
Do not promise anything until the loan is out of DHs name.
We have a very similar situation. BM promised to pay, Legal documents saying BM would take house out of DHs name, blah blah blah.
Well guess what? The house is still inDHs name, and the mortgage company doesn't care that BM signed a doc promising to pay and get it out do DH's name. They will still come after him.
About the only thing DH could do is sue BM...but in the meantime, his credit is still trashed, and the house note is still his.
These are bad situations.
These are bad situations. DeeDee is correct - a civil agreement will not preclude them mortgagee from coming after you DH. No good answers to this. It might be worth trying to re-finance it is his name, but this would require cooperation with the BM, and even if she did, you'd be stuck with another house. Most likely what will happen is that the house will get foreclosed on, and you DH will have his credit destroyed. The mortgage would be gone, though, and he could build his credit back up over the next 10 years until the foreclosure drops off of his record.
Yep - its all bad. Last year
Yep - its all bad. Last year when BM stopped paying the mortgage, we did a ton of research and sent her info on government short sale and refinance programs and offered to take the house over. She lost her mind and said she would NEVER turn the house over to us. Much better to let it go into foreclosure. BM is an idiot and has this idea that the bank will only come after DH for any deficiency, but she is on the loan too, so I guess she's got a big lesson coming.
DH's credit is already ruined by all of her late mortgage payments and the credit card debt she saddled him with. We are getting a quiet divorce (I mail in the final paperwork today) to protect my assets - also quite frankly, because being single with just my DD3 again sounds wonderful.
Lol, BM actually offered to
Lol, BM actually offered to let us take the house and she would pay us rent. I told DH if she really wanted to give up the house, get her fat behind out of it and. Well rent it to someone else...because I know how that would go. Six months into it, her rent would start getting late, then we'd get incomplete payments, missing payments, etc. BM would be betting DH wouldn't have the stones to evict BM and SKs...and she'd be right!
::sigh::
Contact your attorney STAT!
Contact your attorney STAT! And as far as a quit claim deed, GG did this and she kept 100% of the house and the proceeds when it sold.
He came to me with literally the shirt on his back PLUS he took on all the marital debt (expecting that I would be overjoyed at this)