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  1. #1

    Default Post Divorce Mortgage / Escrow

    My question involves a marriage in the state of: NY
    My ex and I co-own the marital property, we are both on the mortgage, but as per the divorce degree I am solely responsible for all payments of loan and taxes of the property since 2016, and have exclusive rights to the house. Recently I grieved the property taxes and was able to get them lowered. The taxes are paid through the mortgage and every year the bank does an analysis of the escrow account for the taxes tied to the mortgage. This year as the taxes went down there was an overage in the account and a check was sent out with the overage amount. Since my ex is on the top line in the mortgage (the check that was in both our names) was sent to him, and he cashed in it and neglected to hand the money over to me. The amount is slightly over $1,000. The bank sent out the check on 4/12, and ex cashed it in on 4/22. I wrote him an email yesterday asking him to reimburse me the full amount within 24 hours or I would file a police report. Is there any other actions I can take? Does he have a right to this money? Thanks!

  2. #2
    Join Date
    Oct 2006
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    15,620

    Default Re: Post Divorce Mortgage / Escrow

    Quote Quoting bjornenolejonet
    View Post
    My question involves a marriage in the state of: NY
    My ex and I co-own the marital property, we are both on the mortgage, but as per the divorce degree I am solely responsible for all payments of loan and taxes of the property since 2016, and have exclusive rights to the house. Recently I grieved the property taxes and was able to get them lowered. The taxes are paid through the mortgage and every year the bank does an analysis of the escrow account for the taxes tied to the mortgage. This year as the taxes went down there was an overage in the account and a check was sent out with the overage amount. Since my ex is on the top line in the mortgage (the check that was in both our names) was sent to him, and he cashed in it and neglected to hand the money over to me. The amount is slightly over $1,000. The bank sent out the check on 4/12, and ex cashed it in on 4/22. I wrote him an email yesterday asking him to reimburse me the full amount within 24 hours or I would file a police report. Is there any other actions I can take? Does he have a right to this money? Thanks!
    Calling the police is not the appropriate response. Taking him to court for contempt of the divorce decree is the appropriate step. If you were awarded the house in the divorce then it might be time to refinance (if you can) into your own name exclusively so that these things cannot happen. You would want to do it through an attorney so that you get the proper quit claim deed from him.

    If you and he really still own the house together then he is benefitting (equity wise) by the payments you are making. It might be time to sell it and split the proceeds.

  3. #3

    Default Re: Post Divorce Mortgage / Escrow

    Wouldn't a polie report be the first step? It is embezzlement, and since it is over a $1,000 grand larceny at that. When house is sold, I will be rewarded the principal paid on house from 2016 until sell date. We tried selling house with his choice of realtor, it failed to sell. Now he is refusing to sign with any other realtor. Trust me if I had all the time and money in the world I would take him to court, but we all know that court doesn't always work in favor of the people follwoing the law and divroce agreements.
    Wouldn't the police have to intervene as the money are mine? He cashed a check that he is not entitled to.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,620

    Default Re: Post Divorce Mortgage / Escrow

    Quote Quoting bjornenolejonet
    View Post
    Wouldn't a polie report be the first step? It is embezzlement, and since it is over a $1,000 grand larceny at that. When house is sold, I will be rewarded the principal paid on house from 2016 until sell date. We tried selling house with his choice of realtor, it failed to sell. Now he is refusing to sign with any other realtor. Trust me if I had all the time and money in the world I would take him to court, but we all know that court doesn't always work in favor of the people follwoing the law and divroce agreements.
    Wouldn't the police have to intervene as the money are mine? He cashed a check that he is not entitled to.
    He committed no crime. He is an equal owner of the house and the check was in his name. At most he violated the divorce decree. Taking him to court would also give you an opportunity to ask the judge to order him to sign with a new realtor and cooperate with selling the house. Or even give you permission to sell the house without his input.

  5. #5

    Default Re: Post Divorce Mortgage / Escrow

    Let's see what the police says today. I gave ex 24 hours to respond, which he has yet to do. i will go down after work today to file the report.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,620

    Default Re: Post Divorce Mortgage / Escrow

    Quote Quoting bjornenolejonet
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    Let's see what the police says today. I gave ex 24 hours to respond, which he has yet to do. i will go down after work today to file the report.
    You will be filing a false report. He is an owner of the house and the check was in his name. Your case is a civil one not a criminal one.

  7. #7
    Join Date
    Mar 2013
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    17,143

    Default Re: Post Divorce Mortgage / Escrow

    Quote Quoting bjornenolejonet
    View Post
    Since my ex is on the top line in the mortgage (the check that was in both our names) was sent to him,
    Why is his mailing address on file with the mortgage company. Didn't you make sure your address was the correct one?

  8. #8
    Join Date
    Sep 2010
    Posts
    19,203

    Default Re: Post Divorce Mortgage / Escrow

    Actually, the issue isn't with who was the owner. The issue was that he is still bound by the loan contract. The divorce decree can't change the contract directly. The bank acted properly in sending information to either or both of the borrowers.

  9. #9

    Default Re: Post Divorce Mortgage / Escrow

    Both names are on the check. The property address was originally on the loan. He went in and changed after the fact. How am I filing a false report? He cashed a check in both our names without my signature, he neglected to forward the money to me as they are lawfully mine. I am confused...

  10. #10
    Join Date
    Oct 2016
    Posts
    3,231

    Default Re: Post Divorce Mortgage / Escrow

    Unless he forged your name there is no criminal act. This is a civil issue or at least on the line between civil and criminal and the police simply will not get involved.

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