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Kelly1977
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Reged: 01/21/08
Posts: 14

Mortgage escrow account

#538008 - 05/25/09 09:48 AM

This is for a friend of mine.
He and his wife's divorce was final earlier this year. He has to pay her $800 a month for life because she is disabled. He has been the only person paying on the mortgage for 2 years since the temporary hearing said he was the one responsible for it. His divorce decree stated he take on all debt including mortgage and hold wife harmless of the debt thereafter. He had a problem last year while separated with wife getting escrow check and cashing it. Both he and his wife have their names on the mortgage loan because the house went up for sale immediatly and any proceeds from sale is split. But the debt of the mortgage until then is his only. He found out this week while checking online that his ex wife had changed only the escrow portion of the account to her new address and that a check for $400 was sent last week. The person he spoke to at the mortgage company did not know if it went to the escrow address or where the bills went to (his address). He did not receive it (yet), called ex wife who claimed she did not receive it. He has to wait 2 weeks for the mortgage company to give him a copy of cancelled check. She came unglued when he said he would deduct it from her monthly support if she had cashed it.
The question is: is he in contempt if he pays $400 less but also sends her a copy of the cancelled check? Should he contact a lawyer over so little amount? Is she stealing since her name is on mortgage but divorce decree specifically states that mortgage debt (and overage) is his? Thanks.

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