Yes legally she can get in trouble as well as the loan officer since she knowingly signed a legal document clearing the debt but is still enforcing payment. If she had actually written off the debt and was not requiring payment then it would be NBD, if it comes out it will depend on what her Ex says if he says she cleared the debt but he still felt he owed her so was voluntarily trying to pay her back then it'll slide, if he didn't realize or chooses to he can tell the court he thought he was still obligated to pay and it can be problematic for her since its falsifying legal documents, Etc.
Okay. So you signed a legal document basically absolving XH of the debt. He is still paying you, but has asked for a little extra time to pay you off. And you're mad because you don't approve of how he currently lives/spends his money.
Post by themoneytree on Jun 6, 2013 8:29:01 GMT -5
I don't understand the outrage although I did not see the original thread.
Just because her XH is no longer LEGALLY responsible to pay her, he clearly agreed to it and the OP trusted him to do the right thing so that he could stay in the house. WTF is the problem with that?
If he agreed to pay her back HER portion of the equity so that he could keep possession of the house then why would she not expect to get the payments? That's her money?
OP do you have anything in writing that he still owes you, or did you have to keep everything verbal so that you could be removed from the mortgage?
I hope he keeps paying and you guys are able to go your seperate ways amicably.
Okay. So you signed a legal document basically absolving XH of the debt. He is still paying you, but has asked for a little extra time to pay you off. And you're mad because you don't approve of how he currently lives/spends his money.
Cool.
not only is she mad, she asked if she should threaten to CHARGE HIM INTEREST to compel him to pay her faster
and it's basically total fucking bullshit that bree is playing altruistic in this post. She wanted off the house, she got herself off the house. And fuck any person or any financial institution that stood in her way.
In her OP she said that in order to get her name off the mortgage she had to sign saying the judgment against her X owable to her was paid in full. She said very, very clearly "EH does not know this was a part of it."
Ever since then she has maintained he is paying it regardless bc he is a good person.
And yet she still wants to threaten to take him to court to be found in "contempt" of their divorce decree bc he will be THREE FUCKING MONTHS behind in paying off a debt to her that he DOESN'T OWE HER LEGALLY!
Jeepers! This is false. I never said I wanted to hold in contempt of court. I never said that I wanted to do any of that.
You said more than once in your original thread that he "doesn't know" (which I guess you assume to mean he doesn't understand, which is very different) that you can't have him held in contempt or have his wages garnished. Whether or not you actually threatened those things to him - to me - is essentially beside the point.
You posted that you feel you are being taken advantage of, but you're the one who went to the bank and worked this out with your mother's "BFF" behind his back (stating clearly that it is a "small town" and your "mother's BFF is the VP of the bank" as if to explain how a bunch of legal loan documents could be made/altered w/o both parties involved), and now want to threaten to hold him responsible for interest payments on money you aren't legally owed simply because HE DOESN'T UNDERSTAND.
You are taking advantage of HIM, and playing him like a fool here.
You're 100% in the wrong on this, and how you don't see that is beyond me. You should have told him March/April/May/After the baby is totally fine, wished him luck, and been happy for whatever amount you were able to recover.
As someone pointed out in the orginal thread this is a "you can't have your cake and eat it too" situation. Name is off the mortgage was a huge advantage for her. So in return she has to be patient with the timeline he has given her for payment. She can't play the system on both ends.
OP do you have anything in writing that he still owes you, or did you have to keep everything verbal so that you could be removed from the mortgage?
She signed a legally binding document stating to the Mortgage Holder (the lender, the bank, whatever) that XH no longer owed her a CENT. She did this purely so that she could be removed from the house loan, leaving her with no liability for the money that the Mortgage Holder is legally entitled to.
If she ever even tried to collect this money from her XH all he has to do is pull out that document and say, "Listen, you told the Mortgage people that I owed you nothing. And now you're saying I owe you something?"
She lied to a bank, to get out of loan. And now she wants to collect on her lies.
if thats how it went down, then i dont think anyone would be so judgy. but her op was all about how he didnt know. she has since backtracked that he is just so dumb that he hasnt read the documents and she hasnt pointed out to him that he isnt obligated legally to pay her. the moral aspect went out the window, imo, when she lied to the bank and like killercupcake said didnt give him the chance to be an upstanding guy despite her claims that he is.
... I am posting because of the misinformation that is being written. I did not make a fake document. He knew that there would be no judgment in the system legally against him. Legally, I signed away my leg to stand on. We were not required to post private loan amounts on the loan app, so therefore we did not lie. I know all of this. EH knows all of this.
So you're saying that it was not a fake document, but rather, a willfully inaccurate document insofar as the purpose of the document was to notify the bank that you had forgiven the debt, which you have every right to do -- you can tell him, "Hey, ex, remember that $$ in the house that, combined with your other debt means the bank won't give you a mortgage alone so I have to stay on the mortgage. I forgive that debt and you no longer owe it to me." thereby making the bank able to take your name off the mortgage within its own set of policies and rules and whatnot. So you provided the bank with an actual, legally binding document stating the debt was forgiven, even though you knew at the time that the debt was not actually forgiven and that you intended to continue collecting the debt off the books.
Can you explain to us how "fake" does not equal "willfully inaccurate" in this context?
And, for anybody who doubted me last night when I said you were just upset he is moving on you have now cleared any doubt.
You are behaving like a foot stomping child right now. You are pissed he is getting married, having a baby, and living a happy full life without you and so are throwing around threats you couldn't deliver in if you wanted to just to make him upset. Bitch move, Bree.
No.
I could of stayed on the loan, made him sell the house, pay me my part of the judgement, and be done, but we did what we thought was right for him to stay. I didn't have to do that, as my outcome would have been the same with either situation. Either way, my name would have been off of it.
For fuck's sake it's WOULD HAVE not would of.
That error is almost as bad as the shit game you played on your ex-H.
Does your next husband know you did this? What does he think about all this?
Isn't Bree the one who dry humped that dude in the hotel lobby while she was married? She's been on my radar since then.
YESSSSS. I've been wanting to bring this up. THANK YOU.
She left her H because of this, which is fine, but don't screw the poor dude over emotionally and THEN DO IT AGAIN monetarily.
Honestly, i felt a little uncomfortable bringing it up, but that incident seemed to be the catalyst for her divorce, so they divorced, he's moved on, and now she's effing him over again.
Post by fuckyourcouch on Jun 6, 2013 8:52:14 GMT -5
to be fair, if somebody owed me thousands of dollars and asked for an extension on repayment but not because they were having hard times, just because they spent their money elsewhere (i.e., not "mandatory" things, luxuries), i would be annoyed. if it was me who owed somebody even $500 bucks, i wouldn't be out buying starbucks and shopping for new shoes until it was paid off, but maybe that's just me.
but, i don't really 100% understand if that is what is happening here, and the rest of this is so insane i can't really focus on anything else. lol
YESSSSS. I've been wanting to bring this up. THANK YOU.
She left her H because of this, which is fine, but don't screw the poor dude over emotionally and THEN DO IT AGAIN monetarily.
Honestly, i felt a little uncomfortable bringing it up, but that incident seemed to be the catalyst for her divorce, so they divorced, he's moved on, and now she's effing him over again.
Whoa, I'd be shitting my pants about the document you concocted. Can't you get in a lot if trouble for that?
We didn't create anything. I signed our paperwork from the court as final. Our lawyer said anything we do after that is on our own. Our banker said that what we agreed upon for what he still needs to pay me it's a private party agreement. It would be no different is if your parents lent you money, but it didn't go through the bank. We were told that we were not required to report it on the loan app because it's private party.
Well which is it? The bank doesn't care or "all parties involved" understood the fraud? And that you didn't bring up contempt (golly gee!)?
Post by sparkythelawyer on Jun 6, 2013 8:59:40 GMT -5
Bree, as the worst lawyer in all of ML, I beg you:
For your own sake, stop posting about this here. You are not going to sway anyone here, and you could be setting yourself up for legal trouble. I know you are trying to "set the record straight" but who is kidding who. This is ML, once they believe something, you ain't gonna change it. You know this. Delete everything you have written here and drop this topic like third period French. The post will still ratchet upward, but you stay out of it. For your own sake, please.
to be fair, if somebody owed me thousands of dollars and asked for an extension on repayment but not because they were having hard times, just because they spent their money elsewhere (i.e., not "mandatory" things, luxuries), i would be annoyed. if it was me who owed somebody even $500 bucks, i wouldn't be out buying starbucks and shopping for new shoes until it was paid off, but maybe that's just me.
but, i don't really 100% understand if that is what is happening here, and the rest of this is so insane i can't really focus on anything else. lol
Yes, this needs explained better to me. Ethically, he does still owe her this, yes? It's not alimony, it's her share of the house they shared and were paying for together? I understand that he is legally scot-free now that she lied and forged and said he was done paying her, which is flamable, but he SHOULD still give her her money, right?
"You. You and your crazy life. You and your geographic anomaly. You and your drunken lesbianic ways and terrible navigational skills." - ProfArt and her holy baby
YESSSSS. I've been wanting to bring this up. THANK YOU.
She left her H because of this, which is fine, but don't screw the poor dude over emotionally and THEN DO IT AGAIN monetarily.
Honestly, i felt a little uncomfortable bringing it up, but that incident seemed to be the catalyst for her divorce, so they divorced, he's moved on, and now she's effing him over again.
I will just say since that incident her attitude about her Ex-H has always rubbed me the wrong way. I can't put my finger on it because you know like I give a fuck if she is disrespectful to him. But she just always came off as if she thought was better than him? And she was the one screwing around on him to begin with.
to be fair, if somebody owed me thousands of dollars and asked for an extension on repayment but not because they were having hard times, just because they spent their money elsewhere (i.e., not "mandatory" things, luxuries), i would be annoyed. if it was me who owed somebody even $500 bucks, i wouldn't be out buying starbucks and shopping for new shoes until it was paid off, but maybe that's just me.
but, i don't really 100% understand if that is what is happening here, and the rest of this is so insane i can't really focus on anything else. lol
Yes, this needs explained better to me. Ethically, he does still owe her this, yes? It's not alimony, it's her share of the house they shared and were paying for together? I understand that he is legally scot-free now that she lied and forged and said he was done paying her, which is flamable, but he SHOULD still give her her money, right?
Feel free to pat me on the head and move along.
Everything you post, OM, makes me laugh.
I don't think there's any debate about whether he "should" pay the money back because I guess in theory they agreed to this arrangement. Of course...they agreed to "honor and cherish" and "forsake all others" too, but who's keepin' track here!?