[WSBARP] Enforcement of Divorce Decree/Assumption of Mortgage

[Darcie Byrd]

Hello listers,

I have a client who was divorced in 2007.  Title was properly settled on
all real estate.  She retained her residence.  The husband retained his
residence and two rental properties. The ex-husband was to refinance any
mortgage on his awarded real estate in his sole name.  He failed to do so
and now has defaulted on the mortgage for a four-plex rental property.  My
question is, would there be any statute of limitations issue with obtaining
an order finding him in contempt?  My client learned of the default only a
couple months ago.  Her credit has been seriously damaged.  The goal is to
force him to re-fi (highly unlikely now that the mortgage in is default) or
have the court order the sale of the property.  Also, it would be nice if
she could recoup a large sum of money owed to her that was awarded in the
divorce.  He was to buy out her share of the properties he retained per the
divorce decree, but never paid.  She obtained a money judgment for that sum
a few years ago, but he has evaded garnishment by moving his money around.
If she could carve it out of any real estate sale proceeds, that would be
ideal.
Your insights are greatly appreciated!

Darcie Byrd
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