Father-in-law wants to forclose because of fight

[brtblueyes]

What is the name of your state?Arkansas
My husband and I have been having problems and my father-in-law financed out home. We make yearly payments. Now since the payment is due, and my husband hasn't sold our cattle to make payment he wants to foreclose. My husband already paid $3000, which his dad will probably say he didn't. I thought about going to the bank and borrowing the money on the cows. Is there any way to stop foreclosure. He is only doing it because my husband left today. He has been abusive and I had called the police on him and it embarassed his dad. We live in a small community. The property is worth alot more, than when we purchased it. Please Help.

[nextwife]

The mortgage holder may start foreclosure if there is a default on the mortgage, in accordance with the terms of the mortgage.

If this is a land contract, the vendor may foreclose if there is a default in accordance with those contract terms.

[brtblueyes]

If the only reason he is foreclosing is because I called the law on my husband for hitting me, is it legal? Up until then, he had agreed to let the payment be made after the first of the year for tax purposes. The payment was due on the 1st of December. If I file for divorce can he go ahead a foreclose? I have no place to go. We have the cattle to sell to make the payment. What can I do to stop this? We have put alot of money in this place, and it is worth alot more. Can we not just sell the place? My husband left, it is his obligation also. There is also another 160 acres, and a mobile home which my husband moved into yesterday. There are assets to make the payment but my husband wants to have me evicted. I own these cattle too, please, Help me...I don't think I should have to endure abuse just to please my father-in-law. Just yesterday, before he left, my husband put a knife to my throat. He drove up and down the road last night, and I can't hardly sleep. Can I borrow the money on the calves we have to sell? I really need help. I have two children (not my husband's) to protect.

[stealth2]

Originally Posted by brtblueyes

Up until then, he had agreed to let the payment be made after the first of the year for tax purposes. The payment was due on the 1st of December.

Is that agreement in writing? If not - then he doesn't have to abide by it. If I were in your shoes, I'd be talking to a women's shelter to see what resources they may have for you if you're serious about divorcing him.

[nextwife]

He cannot foreclose, fight or not, if there is no default. He can foreclose ONLY because of a default, not because of a fight.

Do what is necessary to bring the loan current. Mortgagor/vendor has no OBLIGATION to do other than the mortgage agreement states. So he does not HAVE to offer an extension. If no divorce has been filed, joint assets may be used by either, so dip in and pay the mortgage.

Also, file for a protection order if he has threatened you physically. If you are truly worried about your kid's safety, consider sending them to their dad's to start Christmas visit a few days early if you can work that out and get them out of that situation.

[brtblueyes]

I cannot borrow money on the cattle without my husband's signature. He has a separate checking account. The contract that is filed at the clerks office has no stipulations on being late. It just says we are to pay an annual payment which includes interest every year by Dec.1st. My father-in-law had agreed to wait until after the first of the year for his payment so we wouldn't have so much income on our taxes. My husband did give him $3000 of the annual payment of 14,500. I just have no proof. If he has started foreclosure, he only started yesterday, when my husband moved out. I have no way to get the money to pay the payment unless my husband sells these calves that we raised. That was the whole purpose of raising them to make the payment, and make improvements on the farm. He is withholding income so that I cannot make the payment. I am paying for all the bills, and living expenses and he puts all the money he makes from the farm in his checking account. He may even have some of it hidden. I make a decent living, but with all the bills and the cattle payment, I don't have any savings.(we bought more cattle to raise more calves to pay off the house) If I can hold out on the foreclosure until we get divorced, I believe that I will have the money to pay the payment, but he is taking money that I have helped him acquire and not letting me have access. This farm has not made any profit since we have been married. I have made all the money. I don't know if this will help me or not. I was told today by my banker, that if his dad forecloses with the vagueness of the contract that I might be able to make them sell this place. It is worth more that what we are paying for it and we have made several thousand dollars worth of improvements. My banker also told me that I would have generally 30 days to be late, and then if my father-in-law goes ahead, that I would have 20days to get a lawyer. At least I might be able to save a little money in that time. I just don't want to give up all that I have put into this and come out with nothing and just let my husband's dad have it back. Since both our names are on this cattle payment, I have been paying it. My banker told me if I quit paying it all the cattle we own are colateral for it then my husband couldn't sell any cattle without using the money to pay for the note. Would I be better off to let the note go, or keep it in good standing to help my case. I could use the money. I have checked with the women's shelter. I do have my mom, but she lives 45 miles away from my job, and is on diablility. My children are not little, the youngest is 16. Should I file for a divorce first? Will that help me out any?

[LdiJ]

Originally Posted by brtblueyes

I cannot borrow money on the cattle without my husband's signature. He has a separate checking account. The contract that is filed at the clerks office has no stipulations on being late. It just says we are to pay an annual payment which includes interest every year by Dec.1st. My father-in-law had agreed to wait until after the first of the year for his payment so we wouldn't have so much income on our taxes. My husband did give him $3000 of the annual payment of 14,500. I just have no proof. If he has started foreclosure, he only started yesterday, when my husband moved out. I have no way to get the money to pay the payment unless my husband sells these calves that we raised. That was the whole purpose of raising them to make the payment, and make improvements on the farm. He is withholding income so that I cannot make the payment. I am paying for all the bills, and living expenses and he puts all the money he makes from the farm in his checking account. He may even have some of it hidden. I make a decent living, but with all the bills and the cattle payment, I don't have any savings.(we bought more cattle to raise more calves to pay off the house) If I can hold out on the foreclosure until we get divorced, I believe that I will have the money to pay the payment, but he is taking money that I have helped him acquire and not letting me have access. This farm has not made any profit since we have been married. I have made all the money. I don't know if this will help me or not. I was told today by my banker, that if his dad forecloses with the vagueness of the contract that I might be able to make them sell this place. It is worth more that what we are paying for it and we have made several thousand dollars worth of improvements. My banker also told me that I would have generally 30 days to be late, and then if my father-in-law goes ahead, that I would have 20days to get a lawyer. At least I might be able to save a little money in that time. I just don't want to give up all that I have put into this and come out with nothing and just let my husband's dad have it back. Since both our names are on this cattle payment, I have been paying it. My banker told me if I quit paying it all the cattle we own are colateral for it then my husband couldn't sell any cattle without using the money to pay for the note. Would I be better off to let the note go, or keep it in good standing to help my case. I could use the money. I have checked with the women's shelter. I do have my mom, but she lives 45 miles away from my job, and is on diablility. My children are not little, the youngest is 16. Should I file for a divorce first? Will that help me out any?

Hon, I think that you need to see an attorney ASAP. There are all kinds of ways that you may be able to slow this whole thing down but you aren't going to be able to do it by yourself. Its too complex.