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Old 10-27-2007, 09:12 PM
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Join Date: Oct 2007
Posts: 1

What is my legal status with foreclosure?


What is the name of your state? Florida

A litte background first, divorced in Mar 06 from a man whom I have a son 6y. Married for 5 years. During the divorce my husband refused to participate, attended only 1 court meeting by telephone and in general took the path of running instead of dealing with the divorce. I was the one who filed for divorce.

Prior to divorce we bought a home in the Tampa area based on his income (250k/yearly), VA loan, with a 6.25% 30y fixed rate ($2100/month). Both names are on the title, only his is on the mortgage. During this time medical bills in excess of 16K were accumulated. During our marriage we collected expensive Whiskey bottles - total value $300k. We also purchased a used van for 5k.

After I filed he left the state, he took the whiskey collection along with misc marrital items. He also refused to pay child or spousal support. The van was reprocessed.

I went to court and as part of the final judgement granted child and spousal support for 5k/month. Since he was not able to be found the judge withheld on the marrital items, debt, and reposession. As for the house, the court granted me full ownership (his half and my half) but did not stipulate a refi/sell condition. So what I got was divorced, owner of the house, and an IDO in case they ever find him. The repo is effecting my credit as well as is the medical debt.

After divorce I went to refi the house to get him off the title but due to my credit (repro) and much lower income was not able to do so. Around July06 the Dept of Rev did find him and began wage garnishment of $3500/month. Again, I tried to refi but did not qualify. Then in Dec06 he quit and ran again.

So in about April of 07 I ran out of money and stopped making home payments. I put the house up for sale. Meanwhile I have tried repeatedly to work with the mortgage company to develop a payment that I can make but to no avail. Now the home has gone into foreclosure. I have reduced the price of the home but the market is horrible.

My ex-husband still has not surfaced and does not call his son. I am working 30k/year.

Now for my issue. My name is not on the mortgage, only the title. But I do 'own' the home on paper but have not exercised that (by removing the ex from the title) and refi.

If and when the home is foreclosed, what is my legal responsibility?

Will whatever entity goes after the ex come after me when he isn't found?

Am I better off selling the home at a loss? Meaning the home debt being directly transfered to the ex?

What would you do in my situation?

Thank you for your advice.
PG
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