house foreclosure because ex didn't pay house payment
Just wondering if anyone has run into this situation themselves or through a friend, and what happened in the end.
My ex-husband was awarded the house in our divorce (3 years ago). I removed my name from the deed and my husband was ordered through our decree to refinance or sell the house within 18 months. After a year, his business started going down the tubes. He stopped making the house payment and couldn't afford to sell the house (I found all of this out when I took him back to court and found out then.. after the house was 6 months behind in payments).
He filed bankrupty and "gave the house back", but even so, there's been no foreclosure yet. My name is on the loan. My name is not on the deed (so I can't sell it).
My attorney says there is nothing to do about the decree because he filed bankruptcy and she doesn't know if the decree would hold up after that (besides, he is reasonably broke, right?)
Just FYI.. I am not on speaking terms with my ex (his wife hates me for some reason..), so please don't suggest I contact him for whatever reason.
My question is really ... what will happen when the bank forecloses? I know I can be held accountable if there is not enough $$ to cover the expenses, but I just want to hear someone else's experiences so that I know what to expect, regardless of your state of residence. I would just like to know that someone has been through this and survived the financial fall-out. :(
Thanks in advance.
My name is Monsita and I am searching for the same kind of information....My ex got our house.....4 years later my name is still on the house loan....THE COURT TOLD HIM TO REMOVED MY NAME.....he has not done it. If he stops paying for the house...I will be respossable......sorry I can not help you...I CAN FEEL YOUR FRUSTRATION AND WORRIES THOUGH!
Your name will always be on the loan until the house is refinanced or sold. When and if the mortgage goes into foreclosure you will know because you will receive notice. Once notice is received you have 20 days to challenge it (answer).
For the PP, contact the mortgage company to find out if a foreclosure notice was sent and if so let them know you did not receive it. If they tried to find you - forwarding address - and couldn't then they put it in the paper. Find out where it stands as far as the process. Let them know that you are still on the loan but have divorce paperwork stating your spouse was responsible for the payments and never communicated to you that he fell behind. Ask if you can qualify to refinance by yourself. GL
Quoting Monsita:
Quoting RLSMOM59:
Your name will always be on the loan until the house is refinanced or sold. When and if the mortgage goes into foreclosure you will know because you will receive notice. Once notice is received you have 20 days to challenge it (answer).
For the PP, contact the mortgage company to find out if a foreclosure notice was sent and if so let them know you did not receive it. If they tried to find you - forwarding address - and couldn't then they put it in the paper. Find out where it stands as far as the process. Let them know that you are still on the loan but have divorce paperwork stating your spouse was responsible for the payments and never communicated to you that he fell behind. Ask if you can qualify to refinance by yourself. GL
Quoting Monsita:
Thank you so much for your help! I did talk to bank and they told me they do not care about the divorce...my mane is on it and it will be until he does refinance or sales the house....he has done either!
My advice talk to a lawyer and take him to court to get your name removed from loan. My father in law bought my mom in law out of her half of the house. I do not understand why they did not have your ex do that for you. If all else fails I am sorry to say you may have to file bankruptcy on it.
I haven't personally been involved in a foreclosure but someone I know is doing a foreclosure and a bankruptcy. Yes you can be held liable but I don't know how it actually works since the guy I know is still in the process. I do know that your credit is going to be shot with the foreclosure on there, and there's not much you can do about that. You may be able to present the decree to help get yourself a line of credit, and you could probably file to hold in contempt. You could probably also, through the court, get him to be held responsible for any fees you are assessed or something....and some states award moeys to be paid to you as compensation for his actions ruining your credit and loanability. But.....unless you can show that he could have made the mortgage payments and chose not to...(like he bought a new motorcycle, took a huge vacation, bought a diamond ring, etc.) I don't know if it would hold up in court.
Unfortunately, this is one of the crappiest things about divorce....and I think you are just stuck with it :/
Did you ask about refinancing in your name only if you can? If that is not an optin then take him back to court for contempt to cause undue harm - failure to make timely payment with the bank. Request the a short sale be allowed and request for you half of the equity regardless of the foreclosure. It is his burden of proof to show that he tried to contact you, stayed in touch with the mortage company to do a modification or other arrangements to keep the home. Hopefully you can get this settled.
Quoting Monsita:
Quoting RLSMOM59:
Your name will always be on the loan until the house is refinanced or sold. When and if the mortgage goes into foreclosure you will know because you will receive notice. Once notice is received you have 20 days to challenge it (answer).
For the PP, contact the mortgage company to find out if a foreclosure notice was sent and if so let them know you did not receive it. If they tried to find you - forwarding address - and couldn't then they put it in the paper. Find out where it stands as far as the process. Let them know that you are still on the loan but have divorce paperwork stating your spouse was responsible for the payments and never communicated to you that he fell behind. Ask if you can qualify to refinance by yourself. GL
Quoting Monsita:
Thank you so much for your help! I did talk to bank and they told me they do not care about the divorce...my mane is on it and it will be until he does refinance or sales the house....he has done either!
Quoting RLSMOM59:
Did you ask about refinancing in your name only if you can? If that is not an optin then take him back to court for contempt to cause undue harm - failure to make timely payment with the bank. Request the a short sale be allowed and request for you half of the equity regardless of the foreclosure. It is his burden of proof to show that he tried to contact you, stayed in touch with the mortage company to do a modification or other arrangements to keep the home. Hopefully you can get this settled.
Quoting Monsita:
Quoting RLSMOM59:
Your name will always be on the loan until the house is refinanced or sold. When and if the mortgage goes into foreclosure you will know because you will receive notice. Once notice is received you have 20 days to challenge it (answer).
For the PP, contact the mortgage company to find out if a foreclosure notice was sent and if so let them know you did not receive it. If they tried to find you - forwarding address - and couldn't then they put it in the paper. Find out where it stands as far as the process. Let them know that you are still on the loan but have divorce paperwork stating your spouse was responsible for the payments and never communicated to you that he fell behind. Ask if you can qualify to refinance by yourself. GL
Quoting Monsita:
Thank you so much for your help! I did talk to bank and they told me they do not care about the divorce...my mane is on it and it will be until he does refinance or sales the house....he has done either!
The house is not longer mine...I sold it to him from a zero amount of money IN ORDER TO HAVE 1/2 CUSTODY OF OUR CHILDREN.....The court ordered him to take my name off the loan....he has not done it...I FOUND OUT WHEN I WAS APPLYING FOR A LOAN TO GET ME A HOUSE...The lady of the bank informed me that I still have a loan THEREFORE, I CAN NOT GET A NEW ONE....
I contacted my ex and I told him how it is not right that he did not informed me that he has not taking care of this issue...he just said TAKE ME TO COURT THEN! The bank told me he only have 3 choices to take my name off...one, to refinance, two to sale, three to add someone else in the loan if he does not qualify by himself, as his mom or bother....HE REFUSES ALL OPTIONS! he wants me to wait 5 more years UNTIL THE HOUSE IS ALL PAY OFF...becuase according to him refinancing or doing any changes is going to cost him money WHICH HE CLAIMS HE HAS NONE!
The take him back to court for contempt. He did not honor the agreement which is causing you due harm. If it a matter of looking up the form and filing it out and filing. Once filed, you have seven day, i think, to serve your ex with notice. Once you serve him with notice, contact the judges assistant to get a court day or two or three. Send those court dates to your ex, for agreement with one. If he does not agree within the time limit, pick the earliest date available and send him the paperwork that he needs to appear before the judge. If he shows up, he can defend himself, if he doesn't, you will get your judgement. Any money that he makes will come to you until it is paid off. He may also face jail time but that depends on the judge. He is causing you due harm willfully. Do not wait for this either. Also get a letter in writing from the company you wanted a loan from stating your name is still on theloan. Hopefully all your contact with your ex is in writing not via phone. Text and emails are considered writing.
Quoting Monsita:
Quoting RLSMOM59:
Did you ask about refinancing in your name only if you can? If that is not an optin then take him back to court for contempt to cause undue harm - failure to make timely payment with the bank. Request the a short sale be allowed and request for you half of the equity regardless of the foreclosure. It is his burden of proof to show that he tried to contact you, stayed in touch with the mortage company to do a modification or other arrangements to keep the home. Hopefully you can get this settled.
Quoting Monsita:
Quoting RLSMOM59:
Your name will always be on the loan until the house is refinanced or sold. When and if the mortgage goes into foreclosure you will know because you will receive notice. Once notice is received you have 20 days to challenge it (answer).
For the PP, contact the mortgage company to find out if a foreclosure notice was sent and if so let them know you did not receive it. If they tried to find you - forwarding address - and couldn't then they put it in the paper. Find out where it stands as far as the process. Let them know that you are still on the loan but have divorce paperwork stating your spouse was responsible for the payments and never communicated to you that he fell behind. Ask if you can qualify to refinance by yourself. GL
Quoting Monsita:
Thank you so much for your help! I did talk to bank and they told me they do not care about the divorce...my mane is on it and it will be until he does refinance or sales the house....he has done either!
The house is not longer mine...I sold it to him from a zero amount of money IN ORDER TO HAVE 1/2 CUSTODY OF OUR CHILDREN.....The court ordered him to take my name off the loan....he has not done it...I FOUND OUT WHEN I WAS APPLYING FOR A LOAN TO GET ME A HOUSE...The lady of the bank informed me that I still have a loan THEREFORE, I CAN NOT GET A NEW ONE....
I contacted my ex and I told him how it is not right that he did not informed me that he has not taking care of this issue...he just said TAKE ME TO COURT THEN! The bank told me he only have 3 choices to take my name off...one, to refinance, two to sale, three to add someone else in the loan if he does not qualify by himself, as his mom or bother....HE REFUSES ALL OPTIONS! he wants me to wait 5 more years UNTIL THE HOUSE IS ALL PAY OFF...becuase according to him refinancing or doing any changes is going to cost him money WHICH HE CLAIMS HE HAS NONE!
Wow I am in the same boat ladies. Thought I was the only one. A little different though. I still live in the house but my ex makes the payments and he stopped two months ago and my name is still on the house and he is filing bankruptcy and foreclosing on the house and I dont know what that means for me. I assume the bank will come after me for the house payment.
My ex just skyped with the kids for the first time so upset about it!
- lisa0721
on Jun. 18, 2012 at 11:02 AM