Spiteful husband

[emsan]

What is the name of your state (only U.S. law)? Florida

Can I file a suit against my soon to be ex for purposely pushing for foreclosure on our marital home. He does not and has not lived in the property for years and has been using the house as a storage facility for his belongings etc. I filed for divorce a year ago and he stopped making payments instantly on the mortgage which is under my name and my sister. He has been delaying everything and depleating the equity in the property. The court filed the foreclosure papers and told me that I can sell the property myself until April and if it is not sold they will sell it to the highest bidder. Please advise that if this happens, if I can suit him.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Florida

Can I file a suit against my soon to be ex for purposely pushing for foreclosure on our marital home. He does not and has not lived in the property for years and has been using the house as a storage facility for his belongings etc. I filed for divorce a year ago and he stopped making payments instantly on the mortgage which is under my name and my sister. He has been delaying everything and depleating the equity in the property. The court filed the foreclosure papers and told me that I can sell the property myself until April and if it is not sold they will sell it to the highest bidder. Please advise that if this happens, if I can suit him.

At the time of the divorce, you should have requested some disposition on the house.Who is responsible for the mortgage? If you didn't address it in the divorce filing and get a court order, then you and your sister are responsible, not your stbx.

If there is a court order saying that he's responsible, then you're still not off the hook with the bank. They will collect from you and your sister - and you can then sue to collect from him.

 

[Proserpina]

What is the name of your state (only U.S. law)? Florida

Can I file a suit against my soon to be ex for purposely pushing for foreclosure on our marital home. He does not and has not lived in the property for years and has been using the house as a storage facility for his belongings etc. I filed for divorce a year ago and he stopped making payments instantly on the mortgage which is under my name and my sister. He has been delaying everything and depleating the equity in the property. The court filed the foreclosure papers and told me that I can sell the property myself until April and if it is not sold they will sell it to the highest bidder. Please advise that if this happens, if I can suit him.

When he stopped paying, did you pick up the payments? Or let it go?

 

[nextwife]

What is the name of your state (only U.S. law)? Florida

Can I file a suit against my soon to be ex for purposely pushing for foreclosure on our marital home. He does not and has not lived in the property for years and has been using the house as a storage facility for his belongings etc. I filed for divorce a year ago and he stopped making payments instantly on the mortgage which is under my name and my sister. He has been delaying everything and depleating the equity in the property. The court filed the foreclosure papers and told me that I can sell the property myself until April and if it is not sold they will sell it to the highest bidder. Please advise that if this happens, if I can suit him.

So, if you and your sister OWN the house, why have you and your sister not been making the payments?

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

Can I file a suit against my soon to be ex for purposely pushing for foreclosure on our marital home. He does not and has not lived in the property for years and has been using the house as a storage facility for his belongings etc. I filed for divorce a year ago and he stopped making payments instantly on the mortgage which is under my name and my sister. He has been delaying everything and depleating the equity in the property. The court filed the foreclosure papers and told me that I can sell the property myself until April and if it is not sold they will sell it to the highest bidder. Please advise that if this happens, if I can suit him.

If the home is in you and your sister's name, then please explain how he has been depleting the equity or stopping you from selling the property?

 

[emsan]

depleteing equity

I could not pick up the payments because I live in another property where I make payments and he was in possession of the property and making payments which we had agreed to a long time ago when we separated. So when he stopped making payments I told him to let me live in the house so that I could take over the payments as I can't pay two mortgages and he refused and also refused me renting it out to anyone to cover the mortgage payments. The property is occupied with all of his belongings and has a lady living in the house who is not paying rent. Plus he has been living out of the country for many years now. When he got served with divorce papers he got angy and stopped making payments. When my sister and I got served with the foreclosure back in February 2009 we wanted to sell the property and to this day we are still battling it out trying to get the appraiser to complete his appraisal. He has delayed answering to everything even having an attorney. I have had a buyer for the house since February and at the time we owed $220K and now we are upto $238K and climbing. THe house is worth over $400K. He prevents all the possibilities of trying to speed up the process. THe judge filed an Order on August 11th for my soon to be ex to comply with allowing an appraisal and inspection and it is end of September and my appraiser has been to the property three times already and we still can't get it completed. He had made a statement in an email to my sister that he preferred to lose the property than complying with equitable distribution.

 

[mistoffolees]

Take the email back to the judge and ask for an immediate order allowing you to sell the house. Since he's not living in the country, it's not like he's going to get thrown out on the streets.

Frankly, since the house is in yours and your sister's name, it shouldn't be so hard. Ask the woman who is living there to get her butt out or you will have her arrested for trespassing. Then call a realtor and get it on the market.

 

[nextwife]

I could not pick up the payments because I live in another property where I make payments and he was in possession of the property and making payments which we had agreed to a long time ago when we separated. So when he stopped making payments I told him to let me live in the house so that I could take over the payments as I can't pay two mortgages and he refused and also refused me renting it out to anyone to cover the mortgage payments. The property is occupied with all of his belongings and has a lady living in the house who is not paying rent. Plus he has been living out of the country for many years now. When he got served with divorce papers he got angy and stopped making payments. When my sister and I got served with the foreclosure back in February 2009 we wanted to sell the property and to this day we are still battling it out trying to get the appraiser to complete his appraisal. He has delayed answering to everything even having an attorney. I have had a buyer for the house since February and at the time we owed $220K and now we are upto $238K and climbing. THe house is worth over $400K. He prevents all the possibilities of trying to speed up the process. THe judge filed an Order on August 11th for my soon to be ex to comply with allowing an appraisal and inspection and it is end of September and my appraiser has been to the property three times already and we still can't get it completed. He had made a statement in an email to my sister that he preferred to lose the property than complying with equitable distribution.

Id he was not on the mortgage, wYOU, not he, is legally responsible to make certain the mortgage payments were made. You really had no business buying another place if you couldn't afford both payments. The lender is not a party to any private agreements you made with YOUR ex.

You should have been way more proactive: if you wanted him to keep the house you should have made it a requirement at the get go that he refi you off then, or you'd rent/sell the house. Lenders houldn't be made responsible to chase third parties that the owner chose to hand off payment responsibility to.

 

[Proserpina]

Plus he has been living out of the country for many years now. When he got served with divorce papers he got angy and stopped making payments.

Out of interest how did you serve him?

Where does he actually live, and how is he able to respond to the legal filings?

 

[emsan]

Out of interest how did you serve him?

Where does he actually live, and how is he able to respond to the legal filings?

He lives in South America, but he was served when he was in town. He dodged the server several times until he was finally served. He then retained an attorney.