Update on my House

I thought I would update everyone on my house situation. A few months ago I hired a lawyer and I’ve been trying to take care of my affairs the correct way so I can have this behind me and move. The evil ex is playing games and blocked the lawyer’s number at first, and he has been playing the run-around game. Even the lawyer said he’s immature and seems like he’d rather hurt me than settle this. Go figure…

The lawyer finally got him to agree to sign papers to let me short-sale the house if I assume all of the responsibilities. He also originally wanted 100% of any relocation fees… explain that one to me!!! Below is what I got from the lawyer. I need some help because it’s a lot to understand and this is a big decision and I’m still a bit emotional. I don’t think this is in my best interest and I do not want to sign, but I want to handle this correctly and be done. After paying a lawyer for 3 months, if this doesn’t happen I foreclose. I’m sorry to be such a disappointment to everyone, but I cannot make him do this and cooperate. I feel horrible and emotional, but I look forward to starting over. I just wish I could do so by salvaging my credit somehow. It doesn’t look like this is possible. It been a long, hard journey but I think I’m at the end finally. Thank you to everyone who supported me during these last few difficult years, and I’m sorry for the burdens I’ve caused anyone. I’ve been dealing with a pretty big burden myself and it has not been easy.

FROM THE LAWYER:

#1.  He wants any moving assistance split 50/50
He wanted 100%, but I negotiated to 50/50, which i think is reasonable

#2.  He wants an agreement drafted by me whereby you agree to pay for any negative tax consequence to him, because of this.

As I previously told you, the homeowner protection act that Obama had passed in previous years would waive any liability under debt foregiveness due because of a short sale.  Obama hasn’t passed that law this year (yet), but I expect that he will eventually

If david declares to his Tax guy that this is his primary residence, he would not have tax liability anyway

I told him that I would recommend to you to sign the agreement.  I explained that, because I am your lawyer, I will tell you that the agreement is probably worthless.  The government won’t care who is supposed to pay the tax bill:  they’ll only know to bill him

He’d have to spend $30,000 on a lawyer to collect $5,000 from you.

4 Comments

  1. klds said:

    Remember Kris’s lawyer had her do somethings that came back and cost her mega bucks and years of frustration! Lawyers are not always rift and this one sounds very uninformed and does not seem to have your best interest at heart.

    March 15, 2014
  2. klds said:

    If he can find a way to screw you- he will. Why chance it…let him be responsible for his 50%- he can short sale and save his credit or let it go to foreclosure- his choice.

    March 12, 2014
  3. Erin said:

    Well, we are both responsible. This affects the debt I will incur. I feel the same way though. I don’t want to put my name on something saying I take the debt. He probably wouldn’t force it, but I’m not even sure I want the option out there.

    March 12, 2014
  4. admin said:

    I would not sign anything. He signed a bank note- he is responsible. If you sign something and he does take you to court- the judge could award him and charge you court fees because you reniged. You signature is a legally binding contract. If he does not want to short sale the house- let it foreclose.

    March 12, 2014

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