"Help! How could this happen? My four children and I are going to be homeless because I just got a call they are foreclosing on my home!" This was a desperate call I received a few days ago and unfortunately, it wasn't the first time I had been contacted with this cry for help.

Here's the story. The final settlement of this desperate woman's divorce resulted in a court order directing her former spouse to make the monthly mortgage payments, even though her name was not on the mortgage. This sounds fine until either he can't, or decides not to, make payments and the mortgage becomes delinquent and heads to foreclosure.

With current privacy laws and because her name is not on the mortgage, she has no avenue to confirm payments are being made. She is in the dark and completely vulnerable.

In a recent class I took with a family law attorney, I asked the attorney what action should be taken to avoid this scenario and his response was clear. There are three options, one of which needs to be clearly defined in the court order:

1. The court order requires that the man produce a monthly record of each payment (canceled check or payment record from online banking).  
2. The court order allows her access to the account to verify that payments are current.
3. The court order requires that the man pay her the amount due each month, and then she actually makes the payments.

Of course, the court can't control the actions of the lender, who is a third party to the divorce and is not bound by court orders. Therefore, if the second option is exercised, it is wise to confirm that the lender will allow her access to the account prior to the order. If not, then instruct the attorney to proceed with one of the other choices.

Through clear definition in the court order she could have monitored the situation and become proactive before it  got beyond repair and the foreclosure process began..

Yes, individuals do defy court orders. If this occurs, the only remedy is to seek contempt charges through the court, which in most cases won't prevent the lender from foreclosing.