johnmiller
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Reged: 04/30/08
Posts: 7
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Judgement was made by agreement in divorse mediation hearing and signed by judge. The agreement was for real property by out for about one quarter the fair market value. Home is owned outright and monies came originally from my families trust money. I agreed to a settlement rather than half so I could expiditiously receive money within 120 days. It was not discussed what would happen if she defaulted and it it were I would have demanded half which I would have been entitled to. My ex refused of course to obtain loan on home which she qualifies for as she gets a good monthly income from another ex husband and has good job as well as PhD. Home is owned outright and there is no morgage. She did place the home on the market with one realty who is a probable friend of hers, it is not listed in MLS and when friend inquired about listings in the area of Yerington NV where property is the home was not mentioned. I found out that home is for sale and asking price is 1 hundred thousand dollars above top fair market price. I feel that my lawyer totally let me down and now that I have paid in full over ten grand It still costs $275.00 per hour to talk. I am on verge of bankrupsy (of coures I am responsable for past bills) and If things do not change with my work am about 2-3 months from homelessness. Do I have any rights?
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chatter box
Platinum
Reged: 11/09/07
Posts: 1309
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Housing market is bad right now for sure and even if it list for what seems fair market it may be to high. It also sounds like the two of you should have agreed to who the agent was. Someone on here should have better answers than me on this.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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As I understand it, she's supposed to pay you cash but she has no cash to pay because she neither took out a mortgage or made a credible effort to sell the house.
You are the debt collector and you need to get yourself some leverage. You can file contempt of court. If you have not signed a quit-claim on the property, do not do so.
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johnmiller
New
Reged: 04/30/08
Posts: 7
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Thank you for your reply
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johnmiller
New
Reged: 04/30/08
Posts: 7
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Thank you for your response. She is not really in contempt because she has listed the home with one realtor who is not listing it in MLS book. Could I get a judgement from court for garnishment on income? (I bet if I were a woman I could).
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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[quote]She is not really in contempt because she has listed the home with one realtor who is not listing it in MLS book.[/quote]
You mentioned payment in 120 days. Is that something in your decree or just your expectation? You did not mention a provision for selling the property. If there is one, with the half-hearted listing and high-ball price, you should file contempt and argue that she's not complying with the spirit of the requirement.
[quote]Could I get a judgment from court for garnishment on income?[/quote]
No. That's for child support and sometimes alimony but not for property issues.
Edited by KGrow (05/02/08 12:17 AM)
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johnmiller
New
Reged: 04/30/08
Posts: 7
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Thank you for your response. The 120 days was in the decree. No provisions for selling the property was discussed and not mentioned to the judge at the end of mediation. The conditions of non compliance to the settelment was not discussed until my lawyer sent me the decree which was sent to her lawyer for approval then sent to judge and filed. I never approved it and after receiving it I called my attorney and objected. She told me it was a done deal and I could do nothing as I had agreed. ALL I AGREED TO WAS THE CASH SETTELMENT not if she defaulted what would happen.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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Explicit recourse for non-payment is not really a serious omission. The decree says you are supposed to get a certain amount of money from her on a certain date. You did not get it. This puts her in contempt. Even if you had explicit recourse written into the decree, this would not magically resolve itself. The fight is not over. Stop dissing your lawyer, scrape together a new retainer and get back on the saddle, decide what you'll want accept from her and file contempt.
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EZmark
Platinum
Reged: 06/04/07
Posts: 292
Loc: Florida
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I'm no lawyer, but IMHO I'd forget the contempt, when's the last time you hear of the woman being punished for anything short of endangering the child's life, and then it a weekend in rehab. It could even look worse for your arguement when it's denied.
If you have a written agreement saying anything about the property and money to you, use it to file a lien on the house. Foreclose on the lein if you have to. Be sure to have your attorney add his fees, interest, anything else to the lien. Force the sale and recover the money and the costs of collection. Real estate law is not as slanted against you as family court.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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I agree, if you can swing it, a lien would be a more reliable way to go than contempt.
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johnmiller
New
Reged: 04/30/08
Posts: 7
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Thank you for your feedback
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johnmiller
New
Reged: 04/30/08
Posts: 7
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Thank you for your response. I will check into this.
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johnmiller
New
Reged: 04/30/08
Posts: 7
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Will check into it thank you.
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Jada
Platinum
Reged: 06/02/07
Posts: 3499
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He needs a judgement (signed off on by the judge) to put a lien on the house.
And he can't add any fees or interest unless it's in the court order.
In other words, he's going to have to go back to court to get the lien and get a judge to add on costs for the fees and interest.
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chatter box
Platinum
Reged: 11/09/07
Posts: 1309
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Liens do work and is a good cheep option here, however if this drags out make sure you update the lien and a lot of people do not know that a lien can be bonded around. Chances are your X doens' know it either but her lawer might.
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EZmark
Platinum
Reged: 06/04/07
Posts: 292
Loc: Florida
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Again I'm no lawyer so definitely get legal advice from a Real Estate attorney, but cases I've read show tyou could:
You can cloud the title very easily and quickly, pro se at no cost. A five minute hearing where you wave your paperwork and the it'll take her a year for a hearing and lawyers fees to fight it. Then you get the lein. With first lien you might even wid up getting the house. For another $400 you can get the property appraised which together with the MLS listing proves she's listing over value to avoid it selling. For another $200 the appraisor shows up in this initial hearing and explains what she's pulling to the judge. Her real estate friend won't want to show up and lie, especially after you call the state board of realtors with your appraisal and complaint. Call her broker too if it's just a salesperson involved, let them know you're going to make ethics trouble based on the appraisal for his license/office and include him/her in the upcoming lawsuit. If she has to subpeona the RE agent it won't look good and the agent won't like it and give friendly testimony. Likely you'll get your court costs, the cost of the appraisal, and more because the appraisor will probably be the only expert testifying and judges tend to go with a real person, especially and expert witness. She has no gender edge to play in civil court. If you are you sufferring damages greater than $15,000 due to your lack of access to your funds don't forget to add that with interest to the suit and file in the major claims court. You should settle for much more than the agreement for the delay.
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