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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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Our house second time gone foreclosure and now my

Customer Question

Our house for the second time gone foreclosure and now my husband who is separated from for almost three years got $5000 from me and claiming he put $ 5000. All this $10000 is sitting in his saving account. He is claiming that all these will go for loan
payment after the house come of default. FYI the house and loan is under his name and he is not an honest man. He promised he will keep the loan under his name, but put 60-65% of house under my name and very suspicious to his offer. My Q is can he broke his
promise and force me by law after the divorce to pay half loan or force to sell the house and pay his share. He already add $100000 to current loan and spend it for his trips and his girl friend.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Are you actually legally divorced?
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Are you saying that he is the only one on the loan for the house, but you are on the deed with him as an owner?
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Was there any order from the court for him to continue to make any payments on the house as part of the divorce settlement?
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thanks
Barrister
Customer: replied 1 year ago.
No we are not divorce yet separated and he lives in his own apartment. The loan and dead both only is under his name. There is no order from the court to pay anything. This a only between me and him. He was suppose to pay some ale money but did not pay any. We both started to pay the house loan but I found out he spend the last two house loan payment and we both stopped to pay it on a monthly basis. This the reason the house gone foreclosure for the second tome.
Expert:  Barrister replied 1 year ago.
Ok, if he is the only one on the loan and deed, then he is the only one that the bank can look to for payment. You aren't legally responsible for the debt if you aren't on the loan as a co-signer.
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With that said, it doesn't make logical sense for him to say that he is going to use your $5k to pay once the house comes out of default... The only way to get a house out of default is to pay off any delinquent amounts. It doesn't "come out of default" any other way. And the longer it is in default, them more expensive to cure that default with legal fees and late charges in addition to any delinquent payments..
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So I don't think he is being honest with you about what his plans are for your $5K and it sounds like he is going to let the house be foreclosed on and sold by the bank.
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
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thanks
Barrister

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