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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
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Experience:  25 years experience
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my husband left our home, his name on mortgage. mine on house.

Customer Question

my husband left our home, his name on mortgage. mine on house. I am behind and am unable to talk to the mortgage company to work out terms for my home. how do i stop the foreclosure? we have 4 childre.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good morning Beth,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. How many months of payments are you behind? How much is owed to bring the mortgage current?
2. Are you receiving child support or spousal support from your husband?
3. Has the foreclosure sale already been set?

Doug

Customer: replied 1 year ago.


Behind 3 years in august


 


no child support or spousal support - he has the children 50% so I dont get that - all work he does is cash basis - so i get no finances from him. I was notified that my home is going for sheriff sale.


 


How do i get the mortgage company to talk to me - when he has all the information?


 

Expert:  LawTalk replied 1 year ago.
Good morning Beth,

I'm sorry, but I am unable to further assist you in this matter or provide a solution for you, and I am going to opt out of your question and open this up for other professionals.

Your JustAnswer Account has not been charged for this conversation and your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug
Expert:  Dave Kennett replied 1 year ago.
I will try to assist you but I will need some more information.
Has there been a divorce filed?
If so, was there any provision for what would happen to the house or who was responsible for the mortgage?
Is the deed also in your husband's name or just yours?
If the deed is only in your name how was it possible for your husband to get a mortgage on a property he didn't own?
Customer: replied 1 year ago.


divorce was filed in feb 2011. deed in both names but loan only in his. .. home was mine prior to mortgage but refinanced 9 years ago and put his name on the deed.


 


how can i get the mortgage company to talk to me - home also mine

Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - The mortgage company will not talk to anyone who is not on the mortgage unless there is a court order. I'm still not certain from your facts whether the divorce decree had any language as to who was responsible for the mortgage but if your husband was responsible under the divorce decree then what you can do is file a motion for contempt in the family law court and get a court order that requires your husband to contact the lender and give them permission to talk to you. Unless there is permission from him you cannot force the lender to talk to you. The ultimate problem is that if you cannot bring the mortgage current the bank will foreclose since they are not required to make any agreements for other payments which would be less than what is owed and, based on my experience, they will not do anything until the mortgage is brought current. So even if you can talk to them it will do no good unless you are in a position to either refinance the property on your own or you can bring the payments current. Filing a bankruptcy will not help since they are able to foreclose on their secured interest in the house and you are not personally liable for debts of your ex husband for any deficiency amount. The fact that this has gone on for three years is also a problem since I would presume that the amount to bring the mortgage current is quite high. In any event, the only option at this point would be to get your ex husband to grant permission to the lender to talk to you and unless he agrees or there is a court order to do so you cannot force the lender to talk to you. So if the divorce decree makes your ex husband responsible for the payments and he has not paid then you can file a motion for contempt in the family law court and get a court order for him to grant permission to the lender to talk to you.

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