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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33778
Experience:  Began practicing law in 1992
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I was divorced in 2006. As part of the divorce agreement I

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I was divorced in 2006. As part of the divorce agreement I was awarded the house and my ex was to receive $15,000 in equity within 6 months of our youngest son's graduation from high school. I am very close (within 1-2 weeks) to closing on the new mortgage but my ex has put the house into foreclosure based on the lien he holds and it will be sold at foreclosure auction next week. What's the best way of stopping this without paying the $15,000, which I won't have until I can close on the refinance?
Submitted: 8 years ago.
Category: Legal
Expert:  Dwayne B. replied 8 years ago.
You have two options. The first is to file for an injunction in the court which originally issued the divorce order. The court may or may not be willing to grant the injunction.

The second method is to file for bankruptcy. Thsi will automatically stay the foreclosure and make them start over. You can always dismiss the bankruptcy later and they have to redo the foreclosure proceeding so it buys you some time. It may mess up the closing, but your lawyer should be able to get permission to finish the closing they just won't be able to distribute the funds without permission from the bankruptcy court.

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