# He won’t endorse escrow refund check! Now what?



## cashybum

Maybe you guys can point me in the right direction...

I was awarded the house in our decree. The mortgage was in his name only but I paid the mortgage through out our separation and the year since our divorce was final. I just refinanced the mortgage into my name only and his mortgage company sent the escrow refund check (in his name) to my address and he refuses to sign it over to me. I paid the bill, it’s my refund.

How do I handle this? I’m in Texas if that helps.




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## Yeswecan

Your lawyer.


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## cashybum

Yeswecan said:


> Your lawyer.




Obviously... however, if I can get the job done without spending $350 an hour, I’d prefer to go that route.


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## cashybum

I double checked my decree and it states “including but not limited to escrow funds..” etc. So can I just sign my name to it and deposit it?


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## Bananapeel

Call your bank and ask them. They might take the check with the divorce decree as proof that it's yours???


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## Thor

I was going to ask if he had originally paid into the escrow. Normally, escrow is funded up front when you get the mortgage, and then each monthly mortgage payment includes money to refresh the account for the monies paid out.

If you've been paying the mortgage more than a year, it seems all the money in there would logically be yours.

But your decree is the final authority, and from what you posted it sounds clear that the decree says the funds are yours. Idk how the court works where you are, but I expect your xh would have to pay your legal fees if you take him to court over the escrow. Having your lawyer send a letter to him would probably cost you $100-$200, but if you don't go to court you would have trouble getting that back from him.

I think I would research if you could expect him to pay your legal fees if you take him to court. If that looks likely (and I expect it is likely), I would send him an email quoting the decree and informing him that if he does not sign over the check to you, or otherwise give you the money (he could cash the check then send you the money somehow), you will proceed to take him to court and he will be liable for all of your legal fees.

Any response he sends would be potential fodder for the court, like if he says he knows he owes it but he isn't going to sign it over to you.

It would be a free first step, and I don't think it opens any legal problems for you. Sometimes we sink our own ship because we aren't lawyers, but I can't see a trap for you on this one.

Good luck. He sounds like a jerk!


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## username77

It's ****ing crazy that the woman just "gets the house", like it was a potted plant.

I probably wouldn't sign it over either. Why should he do you any favors at this point? Figure it out. He's worked for that house, should be 1/2 his if the world worked how it should.


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## Thor

username77 said:


> It's ****ing crazy that the woman just "gets the house", like it was a potted plant.


My xw "got" the house, but I "got" an equivalent amount in an investment account. Numerically it worked out even (actually a bit in _my_ favor).


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## Bananapeel

username77 said:


> It's ****ing crazy that the woman just "gets the house", like it was a potted plant.
> 
> I probably wouldn't sign it over either. Why should he do you any favors at this point? Figure it out. He's worked for that house, should be 1/2 his if the world worked how it should.


That is a big assumption here. We don't know what other assets they had or how they were divided. If the assets are divided evenly then it doesn't matter which asset each person ends up with as long as it's even.


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## username77

Bananapeel said:


> That is a big assumption here. We don't know what other assets they had or how they were divided. If the assets are divided evenly then it doesn't matter which asset each person ends up with as long as it's even.


It's an easy assumption to make because for the vast majority of homeowners in America it's by far their largest if not only asset.


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## Bananapeel

Usually in that case the person that keeps the house has to pay half of it's value to the one that didn't keep it. They don't get to just keep all the equity unless you live in a really messed up state.


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## cashybum

username77 said:


> It's ****ing crazy that the woman just "gets the house", like it was a potted plant.
> 
> 
> 
> I probably wouldn't sign it over either. Why should he do you any favors at this point? Figure it out. He's worked for that house, should be 1/2 his if the world worked how it should.




Woah dude... you’re making some pretty wild assumptions. We agreed on this division.. he got to keep 401k, retirement and we agreed to no child support even though I’m a self employed farmer (why I kept the house) and he has a 6 figure corporate job. Fair enough for you? WTF does it matter?


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## cashybum

Bananapeel said:


> Call your bank and ask them. They might take the check with the divorce decree as proof that it's yours???




Called the bank and they said not only would he have to sign the check, we would both have show up with ID to deposit it?!

Called the mortgage company.. they said You’re name isn’t on the loan and we don’t care about your decree so GFY.




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## chillymorn69

How much is the check?


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## honcho

cashybum said:


> Called the bank and they said not only would he have to sign the check, we would both have show up with ID to deposit it?!
> 
> Called the mortgage company.. they said You’re name isn’t on the loan and we don’t care about your decree so GFY.
> 
> 
> 
> 
> Sent from my iPhone using Tapatalk


This is the cappy part of divorce in that banks and credit card companies could care less what a divorce decree states. They are often headquartered in a different state and no incentive to follow the decree and have no "fear" of getting in trouble with a local judge. The only way to enforce the decree is to haul the spouse back into court if they refuse to comply.


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## Bluesclues

Unfortunately you will have to take him to court - or as someone advised earlier, tell him you will have to and you don’t want him to face more fees over a stupid check that is covered in your agreement. Technically the mortgage company is refunding his escrow account, not yours. 

I had a similar check issue four years after the divorce. I had an insurance claim and they made the check out to us both. My ex was nice enough to make time to come to the bank with me and sign it (not easy with our kid schedules). But it was a PITA. 

And I “got the house” too. Guess what, I paid for every cent of it and he was more than welcome to the negative equity and other debt if he wanted it. Judge couldn’t believe how unequal the sheet was in his favor. And yet it looked like I took everything. SMH


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## chillymorn69

Take him to small claims court.


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## EleGirl

username77 said:


> It's ****ing crazy that the woman just "gets the house", like it was a potted plant.
> 
> I probably wouldn't sign it over either. Why should he do you any favors at this point? Figure it out. He's worked for that house, should be 1/2 his if the world worked how it should.


Wow, you have no idea of the facts of the case. The woman does not just "get the house", it's worked out in the settlement to which he was party. Very often the house is sold and they split the equity 50/50.


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## cashybum

chillymorn69 said:


> How much is the check?




$2500 give or take... 


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## Cynthia

The only one who can force him to endorse the check is the court. The advice to have your attorney send a letter threatening to take him to court and charge him for all the fees is likely to work, but it might not.


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## Affaircare

@cashybum, 

You won't be able to "make" him endorse the check or show up at the bank...but the judge who signed the divorce decree can. So if it were me, I'd inform ex that he can either honor the decree or you'll petition the court and the judge will force him to do so. Now...it will cost you lawyer fees and court costs, but chances are good you can petition the judge to force him to pay those too. You'd have to put out now, but the judge can ORDER him--you can't. 

In the end it's up to you. It's definitely supposed to be yours but is $2500 really worth all the hassle? Is it a hill to die on? You decide!


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## Yeswecan

cashybum said:


> Obviously... however, if I can get the job done without spending $350 an hour, I’d prefer to go that route.
> 
> 
> Sent from my iPhone using Tapatalk


The lawyer and you should charge back your XH as a result of having to hire said lawyer to obtain what is rightfully yours.


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## Livvie

Can you have the lender void the check and apply it back to the mortgage?


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## honcho

CynthiaDe said:


> The only one who can force him to endorse the check is the court. The advice to have your attorney send a letter threatening to take him to court and charge him for all the fees is likely to work, but it might not.


I agree and disagree. The lawyer will no doubt suggest the letter first but I'd just skip that step, have the lawyer file for a court hearing, get it on the docket and plan for a court hearing. The letter will cost 350 bucks the way the lawyers work and her ex will just disregard it and your going to end up having to take the step of a court hearing anyway. 

With a pending court date looming her ex will probably wait till the day before the hearing and then sign the check to get it over with. 

This to me is where the legal world drops the ball in divorce. In many divorces. You end up with smaller debts/assets that need to be divided and the decrees state some point in the future one pays the other yet that date comes and the payment doesn't happen. Now you got to start the whole legal circus again to get it enforced as divorce decrees don't have much teeth for enforcement in the real world. 

My ex owes me money, I spent about half of what she owes me taking her back to court only to keep hearing the judge give her extensions and idle threats. It became quite clear I'd spend ever nickel I was awarded to get it enforced and the lawyer agreed so I gave up. I needed the money but I needed the divorce merry go round to stop more. I also figured as long as she owed me money she would stay out of my life.


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