despedina
addict
Reged: 08/14/06
Posts: 697
Loc: Hillsboro, MO
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My mom and Dad divorced in 2005. In the divorce my dad got a lake lot and a bank account that I will be referring to here in a minute. He was ordered to take my mom off of both. The bank account is mainly for a bank loan he has that he was ordered to refinance in his own name....
Anyway, the place where the lake lot is located is a gated community with a golf course. My mom has taken up golfing with my sister and her boyfriend. Recently she was at the Country Club paying for a day of golf and somehow she found out that the Lake Lot was still in her name also and that my dad has not paid road assessment fees for some time. The fees are up over 1000 and they are threatening to put a lien on the property.
My mom signed paperwork so my dad could take her name off the property (he really fought for the property and demanded she sign) and here he has never done it. After finding this out she decided to see what else was still in her name and she found out that this bank acct loan was never refinanced and is still in her name also. Thankfully, that loan has been paid regularly.
My mom is concerned because my dad is getting married in a month and she is concerned that this will cause my dad to continue to fall behind. He and his fiance live in PA (we live in MO) and he has basically "forgotten" about his responsibilities here. Myself and my mom have tried to contact my father and there has been no response.
I am just looking for suggestions for my mom.... Thanks
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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She needs to file contempt on him to force him to act on the court order.
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Char Fox
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despedina
addict
Reged: 08/14/06
Posts: 697
Loc: Hillsboro, MO
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Thats what I'm thinking. But she is thinking it would be cheaper for her to just pay off the car loan at the bank. It is around $2000. And then close the bank account out.
That and the $1000 on the lake lot she thinks she will come out cheaper than paying a lawyer $200. Is there any downside to this? I just don't want her to get $crewed if she does this the wrong way.
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Drew
old hand
Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
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If he is making the car payments why on earth would she want to pay it off? Set up an online account with the creditor and monitor activity monthly.
The lake lot is another deal altogether. She should leave her name on that in the event that it is sold and request her half! Paying the overdues could potentially be just what she needs to show for maintenance/participation in ownership. If she does pay this make sure she gets documentation. There is no way for her to be released from liability on that property without a re-finance. Even if she signed a quit claim or something like that, her name is still on the Deed of Trust. He can't re-fi without her signature and vice-versa. A judge's order or quit claim etc. cannot over ride the Deed of Trust.
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"living, learning, from my creator. you gave me life now show me how to live" c. cornell
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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She can file contempt without a lawyer, and if her name is still on the loan, it's still likely on the car itself, so if he hits someone, SHE is on the hook for the accident as much as he is.
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Char Fox
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despedina
addict
Reged: 08/14/06
Posts: 697
Loc: Hillsboro, MO
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Well the car is my sister's. My dad bought it for her without speaking to my mom about it sometime during their long separation. My sister already had a car, but at that time my dad was trying to "buy" my sisters' loyalty to him. It was very petty. Anyway she wants to pay it off so she is done with him and then she wants to close the account.
She wanted the lake lot very much. It has no doubt appreciated in value since they bought it. It would be nice if he sold it and she could get half the value.
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