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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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