Can I let the house go back to the bank and not be in contempt

My ex was allowed to stay in
the home temp and pay the
loan payment he did not and
house went to foreclosure in
the final papers I resume
house payment any repairs and
put it up for sale…i
haven’t bee. Able to get it
out of foreclosure the
repairs are enormous cause
they destroyed it, and there
was no time limit on
repairing the house..i did
put a sign up for sale by
owner..and had inquiries but
you can’t get a loan on it
cause of the damages…what
to do

Asked on January 18, 2018 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The Stipulation of Settlement you entered in to was a contract between you.  If you violate the contract you can be sued for breach.  If the contract was incorporated in to the Judgement of Divorce and order of the court then yes, you could be held in contempt.  What you need to do is seek consultation from an attorney asap.  What was to happen after sale?  Split proceeds?  So you could be in breach of the contract if that doesn't happen.  But if you were to keep it in total maybe a deed in lieu of foreclusre to the bank and a waiver of deficiency would work?  The papers have to be read.  Get help.  Good luck.


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