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Foreclosed without knowing

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Gnova

Junior Member
What is the name of your state (only U.S. law)? CA

OK my sister was going through a divorce. During this time, her exhusband who she was getting the divorce from still lived in the same house. He said that he would take care of the payments of the house, which I believe would turn out to be false. Then one day, he told her that she needed to move out of the house because the house has been foreclosed and sold and she had no knowledge of this whatsoever. He has been getting the mail and she hasnt.

The exhusband has a brother who is a lawyer and I wanted to know if any legal action can be taken
 


Gnova

Junior Member
I mean my sister taking her ex husband to court. He told her that he would take care of the bills (although their is no written contract for this). He would keep getting the mail so that she would not get it.

She never knew that the house was in foreclosure because the ex husband would always get the mail.
 

justalayman

Senior Member
was it in both names?

How does she know it has been foreclosed? So far, all she has is her husbands word that he will make the house payments and then him saying she has to move. Without proof, I would be very reluctant to believe him.
 

nextwife

Senior Member
BS! One does not need the mail to track whether their mortgage is being paid or even to make the payments. She chose to be an ostrich, to never follow up on her mortgage payment status, to never herself make payments on her own mortgage. If she was on the mortgage, she would have access to the information without the mail.

If she cared, she could have regularly checked with her lender on payment status, she could have generated payments out of her online checking without ever getting a statement. I deal with foreclosures daily, and too many women just act as though they shouldn't have to know or take any action regarding THEIR payment on loans they coborrowed and co-promised to pay.

Additionally, MONTHS of phone calls following the first default usually occur through the loss mitigation/collection department during the early months of default. Many call daily trying to collect.

Did she have up to date contact info and phone numbers provided to HER lender? Did they have a way to contact her? Because there is no way a lender filed foreclosure in this market, in which they are likely to take a hit, UNLESS they felt all opportunities to collect had been exhausted. And they would have tried calling every contact number they had.

She is telling you a story. She had to have known , or chose to not have known, of the default long ago.
 
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Gnova

Junior Member
Hey nextwife and justalayman.

I think I may have confused you guys when i wrote the situation. Or maybe I just am giving the information that is not useful.

I believe the house was in both their names, the wife would be going to work and the ex husband would not. Now the ex husband has been collecting the mail, and the wife did not know what mail would come in because the exhusband would always be collecting them.

The exhusband said he would be making the payments which would turn out to be not true. Then the wife came home one day and the ex husband said that she had to get out of the house,including him as well. the house has been foreclosed and it is on the market now. This has happened about 3 weeks ago

Nextwife you seem to be very knowledgable of this type of stuff can you please reply back.

My sister , along with her young daughter and son who had to drop out of college now live at a friends house.
 
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nextwife

Senior Member
So when she called the loss mitigation department of her lender to follow up and ask what recourse was available, what did they tell her? When did she last call and talk to her lender?

In all that time, she was never following up on payments, to make sure they had cleared through the account? Heck, I do that even on my own payments that I make> I can't imagine totally ignoring something as important as a mortgage payment to make sure that, not only did the payment get there on time, but that it cleared checking. And someone going through a divorce totally trusting everything their STBX said? C'mon! If she trusted him so much, a divorce would be unlikely. She knew he was not a saint, and not totally honest.

Additionally, virtually all default call centers make tons of calls at night when the loans default. There had to be phone calls, and voicemails. Likely also on any cell phone and work phone she had provided them. I truly doubt she was as clueless as you are making her out to be.

Why did her son "have to drop out of college"? Did he try cutting his load and getting a couple jobs? Many of us finished school despite having infirm, disabled, or terminally ill parents who could not contribute toward college.
 
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Gnova

Junior Member
Her son had to drop out of college because they became homeless and are now staying at a friends

You do seem to make sense in what you say. Maybe my sister was not being responsible enough. I know that if i was going through a divorce then i would make sure that the payments are on time.

I just want to know if she can take her ex to court for the wrong that he did
 

nextwife

Senior Member
I just want to know if she can take her ex to court for the wrong that he did
She's just as wrong. If he had no court order to pay, she is JUST as negligent and just as responsible for the property being foreclosed. She is equally responsible for payments on any mortgage on which she is a coborrower. She had an EQUAL RESPONSIBILITY to make certain her creditors were being paid.

Would you accept one of your kids telling you they didn't do this or that project in school because they somehow magically just didn't know? Or would you EXPECT them to take responsibility for knowing what they were responsible to get done?

Again: When she called the lenders loss mitigation department or attorney to ask if there was any recourse, if maybe she could buy the house back (Yes, we have sold back to foreclosed borrowers under some circumstances) what did THEY say? Or has she STILL not talked to anyone there?

And we are talking about an ADULT homeowner. I totally don't buy that she had no idea, that there were never any collection calls or letters and that she totally ignored everything about the payment status. This was her MORTGAGE! One doesn't just totally disregard the status of the payments for the housing they are living in WHILE divorcing. She knew or should have known. I wouldn't accept such ridiculous excuses from my eighth grader, and I sure wouldn't buy it coming from a mentally competent adult woman.
 
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justalayman

Senior Member
and depending on the type of foreclosure, it would have been very improbable the foreclosure process would be completed without her actual acknowledgment.


but the bottom line is: she has no action against her husband unless there was a courts order mandating he pay the mortgage. Until that time, they are both equally responsible for the mortgage and are considered as a single unit for the purposes discussed in this thread.
 

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