Don't know where to start

dandt · #1 07-11-2007, 09:38 AM

What is the name of your state? Arizona

I was divorced in 2003. He didn't show up and a decree was granted by default.

We purchased a home and we decided that he could keep it as I was done. I never filed a quitclaim deed. Now he hasn't been seen in years although he's been making the mortgage payments until about 4 months ago. Now the home in in foreclosure.

I don't know what to do as he walked away from the home years ago and it's been sitting empty. The property is worth a lot. I don't want a foreclosure on my record, but I also don't want the house. I want to sell it, so I can buy my own. Can I do this if their is a court order stating that he's responsible for it? He's not a US citizen and as far as I know is here illegally, if he hasn't already been deported back to England.What is the name of your state?

lcannister · #2 07-11-2007, 09:49 AM

Since you did not follow through and have him refi the house into his name alone then you are now stuck with the consequences.

You are also stuck with the consequences of marrying an illegal alien that has fleed back to England and you are left holding th bag to now deal with.

Get an Atty and see what can be done and how much the mess will cost since he is in another country now.

dandt · #3 07-11-2007, 10:22 AM

First of all you can get off the high horse about marrying an illegal alien because he wasn't when I married him in England. He had all of the necessary papers in order. I just divorced him 2 days before the last interview with the INS.

dandt · #4 07-11-2007, 10:24 AM

First of all you can get off the high horse about marrying an illegal alien because he wasn't when I married him in England. He had all of the necessary papers in order. I just divorced him 2 days before the last interview with the INS. Thats why he couldn't refi....his work permit expired because I refused to go to the final interview.

lcannister · #5 07-11-2007, 12:24 PM

Doesn't matter you have a mess on your hands and you will need the assistance of an Atty to straighten it out now so you can eventually PERHAPS sell the property. I suspect it will not happen over night nor be an inexpensive lesson.

Quote:

I want to sell it, so I can buy my own.

Is your name on the deed/title and in what capacity?

See an Atty and discuss you options.

dandt · #6 07-11-2007, 01:09 PM

my name is on the deed jointly reading "and" I know it's gonna cost, but there is about
250k in equity

lcannister · #7 07-11-2007, 03:25 PM

Quote:

Originally Posted by dandt

but there is about
250k in equity

Good grief move back in the house immediate and pick up the payments and back payments even if you have to BORROW it before losing 250 K in equity. THEN go about fixing the situation. BEFORE the property is SOLD. GEt on the phone NOW!

One should not cut off ones nose to spite ones face.

LindaP777 · #8 07-11-2007, 05:21 PM

Quote:

Originally Posted by lcannister

Good grief move back in the house immediate and pick up the payments and back payments even if you have to BORROW it before losing 250 K in equity. THEN go about fixing the situation. BEFORE the property is SOLD. GEt on the phone NOW!

One should not cut off ones nose to spite ones face.

And if you don't, let one of us!

lcannister · #9 07-12-2007, 05:42 AM

Quote:

Originally Posted by LindaP777

And if you don't, let one of us!

Come on Linda I saw it first!

LindaP777 · #10 07-12-2007, 08:53 AM

Quote:

Originally Posted by lcannister

Come on Linda I saw it first!

But she likes me better!!!

lcannister · #11 07-12-2007, 09:37 AM

But LC comes before Li alphabetically!

lcannister · #12 07-12-2007, 09:42 AM

But LC comes before Li alphabetically!

But seriously for a moment let's say you decide not to cash in on 250K and let the bank sells the property and they do in fact sell it for more than enough to satisfy the loan. Guess whose name the check comes in, BOTH names and unless you commit fraud you can not cash it without his signature.

Now let's say you are wrong and they sell it for less than enough to satisfy the loan then they come after both of you for the difference.

dandt · #13 07-26-2007, 10:51 AM

Well, it took a little investigating, but I found my ex-husband. He doesn't have the money to clean up the mortgage and now has agreed to sell it.

Now, my worry is is that if he's deported.....I am stuck with the tax issue. Is there any way at the sale or closing that funds can be put aside in the event there is a tax issue? I wanty to avoid the IRS coming after me as he takes all the proceeds and leaves the country

moburkes · #14 07-26-2007, 10:57 AM

Quote:

Originally Posted by dandt

Well, it took a little investigating, but I found my ex-husband. He doesn't have the money to clean up the mortgage and now has agreed to sell it.

Now, my worry is is that if he's deported.....I am stuck with the tax issue. Is there any way at the sale or closing that funds can be put aside in the event there is a tax issue? I wanty to avoid the IRS coming after me as he takes all the proceeds and leaves the country

Explain how he can take all the proceeds when the check will be written out to "and". As was stated many times before, you need an attorney.

dandt · #15 07-26-2007, 11:05 AM

a decree that states he gets the house