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My girl friend is facing a foreclosure lawsuit for a property she and her ex-husband used to share. She has not resided there since 1997 when they separated. The divorce was finalized in 2002. He was a US Airforce career soldier now retired and had lived there continuously since his two year deployment in Iraq during desert shield and desert storm. While on duty the mortgage payments were debited automatically on their joint account paid for by the US Airforce. Then a bank holding the mortgage changed mortgage companies and a mix-up occured nd the lein holder claimed none payment, the Airforce made the deposit and their bank indicated a payment was made. This had apparently occured on several occassions. The mortage is now in default by 120 days and my firned was sent the foreclosure notice. The claims indicate the court ordered mediation but requires a written response within 30 days. The paper was dated 09/25/09 but was received by us 10/31/09. What gives, who pays, advice?

Submitted: 19 days and 2 hours ago.

Category: Legal

Value: $38

Status: CLOSED

State/Country relating to Question: Florida

Already Tried:
Asking this question and forwarded a copy of the complaint to her ex-husband whom did not receive one but did receive several letters and demands to bring payments up to date but no case number.

Posted by bizlaw 19 days and 2 hours ago.

Answer

who is responsible for the house will be dictated by the terms of the divorce decree. You should have your girl friend contact the court immeditaely by phone and inform the court clerk that she just received the notice. She also wants to speak to the judge's clerk if the case has been assigned to judge to explain the situation. She wants to get an extention of time to respond. She should ask if she needs to make a written application, she should ask if she can do it in the form of a letter. If they say they will handle it verbally, be sure to send a confirming letter reflecting the discussion. This will get you the time you need to sort things out. If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site. This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

19 days and 2 hours ago.

Reply

We now reside in Washington State not Florida. Can we retain a Washington attorney to handle this or must we retain the services of a Lawyer in Florida? The court threaten to garnish wages and conficate assets without further notification should there be no response from us and the case in closed in favor of the mortgage company. Fortunately all of our assets are strictly in my name; cars, apartment furnishings, etc. save a small joint checking and saving account. These properties should not be negotiable on that basis true? Should the divorce decree be lost can a lawyer or my friend retrieve a copy from th divorce courts records?

Edited by XXXXXXXXXXXXX on 11/2/2009 at 11:40 PM

Accepted Answer

You will need someone in Florida where the case is pending not in Washington. Since your wife and her ex are both on the mortgage, she and he should pool their resources to retain counsel. However, you need to contact the court immediately rather than waiting to get an attorney, that is one of the reasons you need to get time. I don't know how long you have lived in Washington, but that is a community property state and property acquired during the marriage is community property and can be held for the debts of one partner even if in the name of the other spouse. The fact that the property is held in your name alone provides a basis for claiming it is separate property. Start with contacting the court and getting time. If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site. This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Accepts:
Expert:	bizlaw
Pos. Feedback:	99.0 %
Answered:	11/2/2009

Attorney

30 years experience corporate, litigation, international

19 days and 1 hours ago.

Reply

She is Korean and at times has trouble articulating or sometimes understanding english, can I obtain a power of attorney and act on her behalf in these preliminary fact finding questions, further we are not married but have been living together in Texas and Washington states since late 2003 will a community property law still apply?

19 days and 1 hours ago.

Reply

I have added an additional $22.00 to my account for your responses.

Posted by bizlaw 19 days and 1 hours ago.

Answer

Community property only applies if you are legally married so your assets are not at risk at all. You can make the call to the court to get additional time you need. You can explain that she does not speak english that well and you are assisting her. Have her there by the phone so she can authorize the clerk to speak to you on her bahalf. Once you retain counsel, you can assist the counsel on the language issues. Thank you for increasing the payment. If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site. This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

19 days and 1 hours ago.

Reply

Thank you!!!!

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Asking this question and forwarded a copy of the complaint to her ex-husband whom did not receive one but did receive several letters and demands to bring payments up to date but no case number.

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I have added an additional $22.00 to my account for your responses.

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Thank you!!!!

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I have added an additional $22.00 to my account for your responses.

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Thank you!!!!

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State/Country relating to Question: Florida

Already Tried:
Asking this question and forwarded a copy of the complaint to her ex-husband whom did not receive one but did receive several letters and demands to bring payments up to date but no case number.