Third party paid mortgage, as a personal loan, to provide an opportunity for the sale of community residence which included an adjacent lot....

Question

Third party paid mortgage, as a personal loan, to provide an opportunity for the sale of community residence which included an adjacent lot. MSA included verbiage to repay third party and should sale of residence not cover repayment in full, balance to be split 50/50. Lost home to foreclosure but lot is still jointly owned. Ex says he does not have to repay third party debt as home did not sell. Ex also failed to file income taxes for past couple of years even though his Final Declaration of Disclosures indicated he had file for that current year and subsequently, the MSA was signed. His failure to produce tax documents, nearly two years later, directly impacted the avoidance of foreclosure of the community residence and had it been known he had not filed taxes, the MSA would have never been agreed to as stated. What areas of CA Family Law can be sited to request specific terms of the MSA be set aside? What remedies can be requested as a result of wrong information provided by ex?

Answer

Any provision of an MSA and/or judgment in family court that is obtained by fraud can be set aside. There are, however, time limits. You need to go see an attorney in person right away.