Per divorce settlement we are to sell the house. Due to the poor condition the house in, it can only be sold for less than we owe on it. He did sign the sale agreement, however, he refuses to send the requested documents (financial hardship statement etc.) to the mortgage company to complete the short sale application. Our case has been closed but it could be reopened if he sends the documents within 30 days. Otherwise, the only way for me to get out of the house that I don't want and cannot maintain by myself is foreclosure, which I, obviously, want to avoid.
I currently live in the house and pay the mortgage. I have never missed or been late on a payment.
What can I do?
1 Answer from Attorneys
Depending upon the language of the judgment of the court, you should put him on notice that you will soon file a motion for contempt of the court's order to sell the house, due to his lack of full cooperation. You should have an attorney look at the judgment to ensure that his need to cooperate would fall within the scope of the order to "sell the house."