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My sister has a house and is 4 months behind but the bank has not started the foreclosure procedures yet on her but she has the house with her husband and he left her with the three kids and is strung out on drugs she wants to get out the property and her soon to be ex-husband wants her to suffer and doesn't care if there is a foreclosure againt either one of them. What should she do?

Submitted: 38 days and 5 hours ago.

Category: Real Estate Law

Value: $18

Status: CLOSED

State/Country relating to question: Illinois

Already Tried:
My sister has tried to talk to her soon to be ex-husband but he wants her to suffer. He really doesn't care about my sister and they broke up when she found out that he started taking drugs. He is very controlling and wants everything his way but doesn't want to pay for anything. Also, the house is falling apart: no electricity on one side of house, no working bathroom or kitchen. The bathroom has a huge hole in the wall and they have three kids and he doesn't care how they live. Please help.

Posted by FLAandNYLawyer 38 days and 4 hours ago.

Answer

Hello,

Your sister should file for divorce. In the divorce the court can award her the house and she can then either work out a modification with the lender or sell the house.

38 days and 2 hours ago.

Reply

Ok, I was telling my sister what I am doing to help and she said that they are not legally married but they are both on the mortgage documents and they just have the three kids together so you answer might change because a divorce would not help my sister since they are not legally married.

Posted by FLAandNYLawyer 38 days and 2 hours ago.

Answer

Hello,

Thank you for that important information. It does change my answer. Instead of a divorce, your sister would need to file for a partition.

A partition action exists when real estate is owned by two or more people who are in disagreement over the sale or management of the property. It involves filing a court action requesting that the court order the forced sale or division of the property.

38 days and 2 hours ago.

Reply

how long does that take if we are in IL because you only get six months for pre-foreclosure and she is 4 months behind.

Posted by FLAandNYLawyer 38 days and 2 hours ago.

Answer

Hello,

It would likely take several months. Her other alternative is to simply allow the property to be sold in foreclosure. If a deficiency judgment is entered against her, she can file a bankruptcy.

38 days and 2 hours ago.

Reply

My sister doesn't want that and she wants to save her credit and I was told that she could put the property in a land trust and I can have 90% beneficary intrest in the property which allows me to catch up mortgage and pay payments to the trust account and all this can be done without changing the info on the mortgage and without acclerating the du on accleration clause or something like that, is that true?? My sister doesn't have several months.

Posted by FLAandNYLawyer 38 days and 2 hours ago.

Answer

Hello,

It is not true.

38 days and 1 hours ago.

Reply

how do i legally attain the property from my sister who is in pre-foreclosure and just want to leave and no longer wants the payments on the mortgage??

38 days and 1 hours ago.

Reply

Now, remember that with the land trust she will keep 10% intrest in the property but we are trying to figure out what would be the best way for her to just leave the property and at the same time allows me to assume the mortgage. What do you suggest?

Accepted Answer

Hello,

What you want to do is not possible while her ex is a co-owner.

I believe that I have answered your original question. Please click accept so that I may be paid for my work.

Accepts:
Expert:	FLAandNYLawyer
Pos. Feedback:	98.4 %
Answered:	10/15/2009

Lawyer

20 years of private practice

38 days and 1 hours ago.

Reply

one more question please and i will accept payment--what if my sister can get him to sign the land trust documents? what will happen then? please i am really trying to help my sister. thank you and god bless.

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Optional Information

Answer

Hello,

Your sister should file for divorce. In the divorce the court can award her the house and she can then either work out a modification with the lender or sell the house.

Reply

Ok, I was telling my sister what I am doing to help and she said that they are not legally married but they are both on the mortgage documents and they just have the three kids together so you answer might change because a divorce would not help my sister since they are not legally married.

Answer

Reply

how long does that take if we are in IL because you only get six months for pre-foreclosure and she is 4 months behind.

Answer

Hello,

It would likely take several months. Her other alternative is to simply allow the property to be sold in foreclosure. If a deficiency judgment is entered against her, she can file a bankruptcy.

Reply

Answer

Hello,

It is not true.

Reply

how do i legally attain the property from my sister who is in pre-foreclosure and just want to leave and no longer wants the payments on the mortgage??

Reply

Now, remember that with the land trust she will keep 10% intrest in the property but we are trying to figure out what would be the best way for her to just leave the property and at the same time allows me to assume the mortgage. What do you suggest?

Accepted Answer

Hello,

What you want to do is not possible while her ex is a co-owner.

I believe that I have answered your original question. Please click accept so that I may be paid for my work.

Reply

one more question please and i will accept payment--what if my sister can get him to sign the land trust documents? what will happen then? please i am really trying to help my sister. thank you and god bless.

Real Estate Law

Have your own Real Estate Law question?

Related Real Estate Law Topics:

Question

Optional Information

Answer

Hello,Your sister should file for divorce. In the divorce the court can award her the house and she can then either work out a modification with the lender or sell the house.

Reply

Ok, I was telling my sister what I am doing to help and she said that they are not legally married but they are both on the mortgage documents and they just have the three kids together so you answer might change because a divorce would not help my sister since they are not legally married.

Answer

Reply

how long does that take if we are in IL because you only get six months for pre-foreclosure and she is 4 months behind.

Answer

Hello,It would likely take several months. Her other alternative is to simply allow the property to be sold in foreclosure. If a deficiency judgment is entered against her, she can file a bankruptcy.

Reply

Answer

Hello,It is not true.

Reply

how do i legally attain the property from my sister who is in pre-foreclosure and just want to leave and no longer wants the payments on the mortgage??

Reply

Now, remember that with the land trust she will keep 10% intrest in the property but we are trying to figure out what would be the best way for her to just leave the property and at the same time allows me to assume the mortgage. What do you suggest?

Accepted Answer

Hello,What you want to do is not possible while her ex is a co-owner.I believe that I have answered your original question. Please click accept so that I may be paid for my work.

Reply

one more question please and i will accept payment--what if my sister can get him to sign the land trust documents? what will happen then? please i am really trying to help my sister. thank you and god bless.

Related Real Estate Law Questions

Hello,

Your sister should file for divorce. In the divorce the court can award her the house and she can then either work out a modification with the lender or sell the house.

Hello,

It would likely take several months. Her other alternative is to simply allow the property to be sold in foreclosure. If a deficiency judgment is entered against her, she can file a bankruptcy.

Hello,

It is not true.

Hello,

What you want to do is not possible while her ex is a co-owner.

I believe that I have answered your original question. Please click accept so that I may be paid for my work.