If the bank brought such an application how would that relate to the existing family law proceeding and the other spouse's wish to have exclusive possession and/or buy out the other spouse?
How could the spouse wanting exclusive possession and/or to buy out the other spouse prevent or hold off the bank from selling under power of sale?
How can the one spouse make a deal with the bank to bring the mortgage into good standing if the bank won't discuss anything about the mortgage with anyone but the mortgagor without authorization, which the mortgagor does not want to provide? Does the spouse have to wait for the bank to bring the matter to court to offer to pay something toward bringing the mortgage back into good standing? Will the bank likely accept installment payments to do so and get costs paid as well? Will the spouse even receive notice of the bank's intention to bring an action for power of sale due to having an interest in the house but not the mortgage? If so, why wouldn't the bank deal with the spouse directly to make arrangements to bring the mortgage into good standing without the need for an authorization?
What section of the Family Law Act and/or Family Law Rules, etc. would authorize such an order, e.g. for third party disclosure requiring the bank to be served as well???? to compel the spouse...?
Would it be better for the one spouse to offer to pay 1/2 the mortgage amount in arrears if the other spouse also has 2 other debts on a credit card (unsecured) and a line of credit (secured on the house) for which he is already receiving letters threatening further legal action to collect which could include a writ of seizure and sale (although one also has the option of a questioning re assets, income, etc.) until a case conference in November.
Would a motion perhaps be best in the meantime to request a questioning for him to bring what records he has of work done at one of his self-employment occupations and to get him to estimate income, more detail of who worked for and for how much and to desribe some of his expenses which seem to be for his work yet the income doesn't appear to be covering what appear to be business expenses.
The spouse is saying that the loan of $25,000 to him to help pay down his debt should not be considered a loan as it was used toward joint expenses for the family yet none of the credit cards used were jointly owned. It would appear to be a loan rather than just another contribution to the marriage wouldn't it?