Farmingdale, NY asked in Contracts, Divorce, Foreclosure and Real Estate Law for New York

Q: Can I bring my ex-wife to court for not aiding me in a loan mod after she abandoned our marital residence?

Even if the court documents did not say she had to do so. She had sole occupancy of our home until the terms of the agreement ended and would not go through with a modification because my name had to be on it.

She did not pay any mortgage payments after I was out of the house, despite my child support payments.

We finally agreed to do a short sale, but the house is so far in arrears and has taken so long that I am not sure what the outcome will be.

I signed a quick claim deed over to her to help her get the modification and she refuses to sign it back in both our names and will not help me with getting a modification.

I recently found out that until something is done with the house, I will not be able to do anything financially for a couple years.

I am not sure what I am able to do.

Thank yuou

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

A: You need to make a motion in the matrimonial court to amend the decree. However, I would just let it go.

Barry E. Janay agrees with this answer

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