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Ask Gerald-Esquire Your Own Question
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 4079
Experience:  30 years of experience.
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Thank you my question.I live in Washington State.

Customer Question

Thank you for taking my question.
I live in Washington State. My wife and I are in a hostile divorce. I can no longer make the payments and pay my attorney too The house just went into foreclosure. My wife has been friends with the bankers who's job at the bank is to handle these situations. My ex has filed tons of documents forcing me to respond. I could no longer afford an attorney, so I was forced to use my mortgage money to pay attorneys This is how I got behind. Thanks for taking my question
Those banker friends f hers have already done on dishonest act against me so far. Therefore, I know those 3 bankers are capable to committing another dishonest act. My wife is from the Philippines, and I have seen her commit several dishonest acts over the years. No, not all Philippines are dishonest.
My wife broke into my house and stole the tax folder and the mortgage folder. Shortly after that, the bank raised my fixed rate monthly payments from $2,233.00 to $2,678.00. After many complaints the bank lowered my mortgage monthly payments to $2,517.00. I learned that my wife had cheated her previous husband out of his share of their house.
Here is my question:
Both my name and my wife's name are on the loan. I believe my wife has been trying to force me into foreclosure foreclosure for the last two years (finally did it), so that she can work with her banker friends to turn over our house to her to cut me out completely. The judge says that she cannot order the house sold which surprised me. I thought i had heard cases where the court did order the house sold.
My wife has not been paying her half of the mortgage for two years. In our state she will be required to my me for the monies I paid on he behalf, about $30,000.00.
How can I protect my 50/50 interest in our house so that if the bank Does Take it before it is sold? What can I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Customer: replied 1 year ago.
Expert:  Richard replied 1 year ago.
Due to a glitch in the JustAnswer system, your question popped up on my screen while I was helping another customer. Therefore, I am going to opt out to open your question up to all experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.
Expert:  Gerald-Esquire replied 1 year ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. You need to keep the best records that you can in regard to the payments that you make/have made in regard to the upkeep of the property and the servicing of the house. During the divorce process you will go through a property division process. This is often done through a settlement negotiation or mediation process. If you and your wife can not come to an agreement about the division of property (including proceeds from the sale) then the Court will determine what the division will be in keeping with the Washington State Community Property Laws. If you come to terms prior to the sale of your house then you will provide a copy of that order to the Settlement Officer and they will write the checks to out consistent with that Order. If for some reason the property division has not yet been resolved at the time the house is sold, please know that the real estate broker must keep the funds in escrow if there is a dispute as to the proceeds. This means that if she is claiming that she is entitled to more of the proceeds than you believe she is entitled to, then you need will (at the time of settlement on the house) notify the real estate broker of the dispute so that the funds remain in escrow and are not disbursed. Once you have the property division agreement or Order regarding the proceeds then the Real Estate Broker will disburse the proceeds. I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. If you would like a clarifying private phone call and email we can arrange that, but there are additional charges for that. Let me know and I will post you an offer. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing. Kind regards,Gerald
Customer: replied 1 year ago.
I must admit that I'm really disappointed with your response. We must try it again. Sir, your answer has almost nothing to do with my question. Are you certain that you were given the correct question? Please read my question carefully. I will look for your response.
Do you have access to my question?I'm asking you how to protect me interest should my wife
Customer: replied 1 year ago.
The answer you gave me has nothing to do with my question, and I already knew that anyway. Let's try again. I gave you a scenario below which is my exact problem. Once you understand my scenario which is my problem, please read my question at the end of this document.Scenario:Right now my wife knows that our house that I'm living in went into foreclosure last Friday. At some point the house will be repossessed by the bank and put up for auction. My wife is good friends with the vice president. My wife is a gold digger. I believe my wife is looking for a way to steal our house and keep it for herself. I'm worried that once the bank takes the house, it will then be owned by the bank . Then I will no longer own the house once it is taken by the bank. Right?
Once my wife and I are no longer owners of our house, her bank friends can put her back into the house as the new sole owner, and she will begin to pay monthly mortgage payments to the bank. Now, the house that was once owned by my wife and myself is now owned only by my wife. I was scammed in this scenario.My question:
What steps can I take to prevent the above scenario from happening to me?
Mr. Delas Raiford Sr
Expert:  Gerald-Esquire replied 1 year ago.
Hello:Thank you for the opportunity to clarify my response. I am sorry that my first response was not as specific as I had hoped it to be. Let me try to break it done. 1) You are correct that once the property is foreclosed upon the property becomes bank owned (also called REO). You will no longer own it they will. Part of the foreclosure process will be to evict you. Once the bank owns the property they will take steps to sell it. Normally, they have Real Estate Brokers that they deal directly with to sell the property. I am not aware of any situation where the bank sells the property directly to a buyer. It would be highly unlikely that they would do so because of the extensive regulation of the financial industry these days. The banks obligation is to sell the property for the best price they can get for it. Because the banks are heavily regulated they must set the price in accordance withfair market standards. In order for your wife to buy the property from the bank she would need to buy it just as anyone else woud have to. That is she has to be able to come up with the purchase price through a down payment and financing. Assuming that she would have the money to do so then yes I suppose she could purchase the property from the bank. Once the foreclosure is completer then there is little that you can do to prevent. If this does occur and you believe that some sort of insider trading has transpired you can file a complaint with the FDIC. Here is the federal guidance on REO property: 2) As to what you can do to put yourself in the best position is to work to get the property sold. The foreclosure process takes time, and if you can get a fair offer before the process is completed the bank is obligated to allow you to sell the property. If your wife tries to prevent the sale you can Petition the Judge in your divorce proceeding to Partition the property and order it sold. So the steps that you can take is to slow down the foreclosure process as best you can and work to sell the property. It was in that regard that I tried to provide you information in my initial response. That is to work to get the property sold and to protect the asset as best you can. I am gratified that you were aware that the Real Estate Broker could be used to hold any disputed funds. It is rare that you would be aware of that, as many attorneys do not consider that when faced with these situations. As to slowing the foreclosure down these resources may be helpful to you: I hope this information more closely meets your needs. If not please let me know and I will OPT out so that your question can be reposted at no additional charge to you. If you wish me to opt out and repost please do not rate me so that the question will remain open for you. Kind regards,Gerald