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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17531
Experience:  B.A.; M.B.A.; J.D.
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My soon to be ex wife left the residence we lived in

Customer Question

My soon to be ex wife left the residence we lived in together for 7.5 yrs (a home I owned when we met but refied together) some 3 years ago. She filed BK last year and included the home 1st and second deed. She now has recieved a court order as the "sole
legal owner" of the property because I was unable to refinance the debt alone. I'm retired and live with my Medically, Honorably discharged son and received a vacate notice for 8/27 decided in a hearing that I had requested to be postponed at the last minute
and it was not. While I lay in a hospital 200 miles away the judge passes this decision. The letter came to allow a realtor in Mon. to list the house... and all this about a house that is upside down!? What can I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

I am sorry to read about your difficulties.

Could you clarify?

So, your name is ***** ***** the deed at all because of the refinancing?

Customer: replied 1 year ago.
Actually both names are ***** ***** deed. I have been living there since she left struggling to make mortgage payments and fighting with the lender while she sat by protected by her bankruptsy. She left 12/12. Now that she wants to buy another house (college professor and I'm on S.S. Retirement and injured) she has pushed through on having the house "as sole legal owner" through the courts after my continuance request was not received, acknowledged or accepted. And they are attempting to throw me and my son (medical disabled vet) out. Ideas?
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information. However, I am not sure how she was able to get the Court to treat the house "as sole legal owner." Title to the property controls. As a joint owner, you cannot be evicted from the house and treated as a Tenant. You must be afforded due process.

It appears that she might have filed for Partition of the Property to get the authorization of the Court to sell the property. If that is the case and you were not given the opportunity to tell the Court why the property should not be sold, you need to go back to Court the and File Motion to Vacate the Partition Order and ask the Court to put the case back on the hearing calendar. You can obtain blank Motion forms at the Courthouse in the Clerk’s Office. You can contact the Clerk’s office and ask the forms be mailed to you. However, since time is of the essence, you need to have someone take you to the Courthouse to obtain the forms, complete them and file and request for emergency hearing in your case.

You can also file for Chapter 13 bankruptcy to stop the sale and to make a payment plan to pay the mortgage and remain on the property.

An individual (“consumer debtor” or “debtor”) would be able to file a Chapter 13 if the debtor has disposable income—extra income after necessary expenses every month to fund a Chapter 13 plan and the debtor must also meet the debt limit requirement. In order to file for Chapter 13, a debtor's unsecured debts must be less than $383,175.00 and secured debts must be less than $1,149,525.00. In Chapter 13, the debtor prepares a payment plan and makes payments to his/her creditors on a 3 or 5-year plan. If the debtor's income is equal to or less than the current income guidelines for his/her family size in his state, the debtor would do a 3-year plan. However, if the debtor's income is more than the current income guidelines for his/her family size in his state, he would do a 5-year plan. His mortgage arrears and unsecured debts would be paid through the Chapter 13 plan. His future mortgage payments would be made to the lender.

The filing fee for Chapter 13 is $381.00

Click here for current income guidelines for your State:

http://www.justice.gov/ust/eo/bapcpa/20150515/bci_data/median_income_table.htm

You can use the following sites to find local bankruptcy Attorneys:

Consumeradvocates.org

Lawyers.com

Justia.com

Findlaw.com