settlement hearing

[concernedmother]

My son attended his divorce settlement hearing on Wednesday. At the hearing he was awarded the duplex they lived in, as he put the downpayment and has been maintaining it since his spouse moved out. This was a short marriage of only 4 months and the divorce has lasted longer than the marriage. The day after he was in court he was notified by the mortgage company that the house payment had jumped over $200 a month. My son cannot afford this huge increase in he payment and will not be able now to make the house payment, so eventually he will loose the house.
My question is: is there anyway to tell the judge what happend and request instead that the duplex be put up for sale and while up for sale both my son and my daughter-in-law would be responsible for the payments and house related expenses. Forcing my son to keep this house would destroy his credit rating, that is according to his mortgage lender one of the highest he has ever seen for a person of his age. It wouldn put him into financial ruin and even more debt than he has incurred since his wife left. We called his attorney the minute he found this out but as has been our experience his attorney is out of town all next week. My son's attorney has been difficult to reach, and for over a month would not return his calls. His attorney even hand delivered his bill for services just as they met for the settlement conference. The amount due is $1,200 and he has signed a contract stating he would pay the bill. All along this attorney has been more concerned about his fee's then in helping my son get a fair settlement. Which didn't happen.

Is there anything we can do about the duplex being put up for sale instead of my son taking the quit claim deed and loosing the house because he now cannot afford it?

1. My daughter-in-laws attorney (also, her brothers-in-laws father) is suppose to prepare the quit claim deed and send it our attorney.
2. Can he refuse to sign the quite claim deed if it is in the settlement agreement from the court?
3. can he go back before the judge explain the sudden drastic change in circumstances regarding the increased payments he can no longer afford and the hardship and financial ruin it would cause him.
4. Since his attorney is not available if there is something we can do? can we file papers for the judge to review? What papers would we need. We are in MI, Grand Rapids.

And am I right in assuming this is something we need to take care of NOW.

 

[Duranie]

He was only married for 4 months, so no it would not be wise for him to ask for the house, then want the spouse partially responsible because he apparantly is on a bad loan and the payment went up. Many people are on this ARM loans and the payments go up on them. It is not the daughter in law's fault. Is the house in his name only? He is probably going to have to put it up for sale, or refi. 200.00 is actually not that much of an increase, many people are seeing increases of 500-800.00 a month on these ARMS. If I were him, get a roommate or a second job until he can get the house sold or refi'd.

 

[concernedmother]

The mortgage is in both of their names. Prior to their marriage the agreement wasvshe would work full time, she has her degree. He would work part time and attend college full time. Since the divorce was filed she has contributed O to home. He because of his part time work would not have qualified for the mortgage alone. $200. may not seem much to some people but for a college student and part time worker (he's trying to get full time, but jobs are scarce in MI) the $200 is a huge leap. There is no ARM here, the taxes took a considerable jump.

 

[Duranie]

Then honestly it sounds like he needs to get a full time job, or a second job until this is straightened out. He should not have to lose this house over 200.00/month. If he expects the ex to contribute, he can expect to split the proceeds with her from the sale or refi too. Does he really want to share it with her?