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[Rebeccabrown580]

What is the name of your state? california
i am trying to find out how to protect myself form my current house to go into foreclosure. i have currently filed for divorce and my husband will be served today or monday. he will not sign any papers for the house to sell on the offer i have received. i have a place to move into next week, however i want to find out how i can protect myself from my current home to go into foreclosure while the divorce is going through. please help?

 

[Ex Is Nuts]

Well, believe it or not, many mortgage co's are very understanding. Call them, and let them know what is going on. Make sure you speak to someone more than a receptionist tho.

A friend of mine is in the process of losing her house, and was very freaked by the idea of having a "foreclosure" on her credit record. I told her "Call the mortgage co and explain to them the situation, I bet they will be happy to give you some time to sell to avoid foreclosure". Sure enough, they gave her 6 months unconditional, and she doesn't have to make the payments in the mean time. So try doing that before you do anything else. Banks don't like to foreclose any more than you like it, adn they're generally willing to help you out, if you are willing to help them out.

As far as selling the house, if it belongs to both of you, then you're just goign to have to wait until it awarded to one of you, unles your soon to be ex is willing to sign off on the papers. Sorry. If you are currently living in the house, and your spouse is not, then stay there, and don't move out until the divorce is settled. That's my advice. After the divorce is settled, if you end up with the hosue, then sell it if you want to, and move on down the road.....

Good luck

 

[Souix]

What is the name of your state? california
i am trying to find out how to protect myself form my current house to go into foreclosure. i have currently filed for divorce and my husband will be served today or monday. he will not sign any papers for the house to sell on the offer i have received. i have a place to move into next week, however i want to find out how i can protect myself from my current home to go into foreclosure while the divorce is going through. please help?

**Keep making the payments, this will keep you out of foreclosure

 

[Ex Is Nuts]

Yeah, that too, if you make enough to cover the payments (I was automatically assuming that you didn't have the money to make the payments.. sorry if I was incorrect). If not, and you were dependant upon his income to make the payments, refer to my previous response.

 

[Rebeccabrown580]

divorce, home sale

thanks for the advice so far. I will try to call my mortgage to see if they can work around it. I do not make enough to make the house payment on my own nor even with a room mate. I currently have been getting ready to move out and rent a new place, thinking he would be happy to sell and get a good chunk of money in his pocket, but unfortunately that is not what happened. Please keep the advice coming I am going to need it.

 

[Ex Is Nuts]

Are you BOTH still living in the house? I am assuming that only YOU are? Why won't HE pay for the house if you move out of it, if he has the financial ability to do so? Provide a few more details here......

If someone here with a law background could step in here and help out.... can't she request that he atleast pay for the house temporarily if he is the "bread and butter" of the relationship?

 

[Souix]

Re: divorce, home sale

thanks for the advice so far. I will try to call my mortgage to see if they can work around it. I do not make enough to make the house payment on my own nor even with a room mate. I currently have been getting ready to move out and rent a new place, thinking he would be happy to sell and get a good chunk of money in his pocket, but unfortunately that is not what happened. Please keep the advice coming I am going to need it.

***So don't you have an attorney that has filed your divorce or are you doing it yourself? What does your attorney say?

 

[Rebeccabrown580]

re house

I do not have a attorney. I have been going through the family courthouse system and doing the divorce on my own. I have been attending self help classes on how to fill out the paperwork. I have recently filed for the divorce and paid, however he has not yet recieved notice to respond to my petition. We currently still live in the same household and I have told him about me filing and why... And the offer I have recieved on the home. I dont want to lose out on my rights on half of the sale on the home. I shouldnt have to do that... The offer I recieved is a cash offer on the home to close escrow as early as 2 weeks...

 

[Ex Is Nuts]

Sweetheart, I dunno how, but you need to get an attorney. This "self help" crap many times will end up costing you more than it saves you, then you'll end up back here asking how to fix the mess it made.

Do some shopping, and see what you can get for how much (an attorney).

As far as the house, if your ex is not willing to sign, you will have to wait for the court to make the decision. Doesn't matter how much the person is offering you for the house or how quick they are willing to pay it. You're gonna have to wait (unless he agrees to sign)... sorry......

So why is he being such an ass about selling???? Just to piss you off, or does he have a legitimate reason?????

 

[Souix]

Re: re house

I do not have a attorney. I have been going through the family courthouse system and doing the divorce on my own. I have been attending self help classes on how to fill out the paperwork. I have recently filed for the divorce and paid, however he has not yet recieved notice to respond to my petition. We currently still live in the same household and I have told him about me filing and why... And the offer I have recieved on the home. I dont want to lose out on my rights on half of the sale on the home. I shouldnt have to do that... The offer I recieved is a cash offer on the home to close escrow as early as 2 weeks...

****You really do need to hire an attorney, especially when you have real property. Good Luck!