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basylica

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

I've asked this before, but I'm hoping someone might have advice, btdt or otherwise.

when we went to court for temp orders, my ex had taken the kids and moved in with his parents about 45 min away. I came home to empty home ransaked, empty bank acct, and no babies :(
I didn't care either way, my ex claimed I should live in the hotel I worked for, and he keep the home. Court said I should stay in the home since he was already living with his parents (my entire family lives in chicago area) and I had nowhere else to go, and primary custody of the kids.

almost 2 years later we are finally divorced. when we went to mediation he went first as petitioner of divorce and the mediator came back saying he wanted me to pay him 5K and refinance the house in my name in 2m.
I said to hell with that. no way.
mediator said that in this case, we should put house up for sale and split 50/50 profit/deficit.

here is my issue :
I never really loved the house, after looking at well over 100 (I wish I was joking) my ex finally said ok to this one, so we bought it. I'm def not attached to it AT ALL.
when we bought it, market was high (5 years ago this coming jan) and house appraised for 175, we purchased for like 133.
we currently owe 130, appraisal is 125, and the house IDENTICAL to mine down the road was listed for 80 for over 6m before finially going up for auction.

so we are looking at a huge huge loss.
we also had a 80/20 loan, with the 80% being a 5 yr arm.

I can afford the payments currently, but I have no desire to be shackled to this home and my ex involved with it for 20 years.
I also worry about the ARM causing the payments to go out of my range. we are most definately not in good terms, so he'll do everything possible to screw me over, including not refinancing.
he refuses to sign the house over to me (at this point, he'd have to pay me!)

he also evidently made a big deal about my falling down, patched with metal and scrap wood, back portion of the fence sawed down to 1' high (thats the part he did, the rest was like that) chunks blowing off privacy fence.
we aren't required to have one, as there was never a permit for it, so for the last year i've been tearing down sections of fence with a sledge and crowbar, hauling to the street for trashmen to take, which is why I can only do a bit at a time. I finally got the last bit of the boards down, now I need a saw and another pair of hands to take the posts down, and my family is planning a visit in the summer, so it probably won't happen until then.

he's taken me to court several times over BS before, so I see more of that regarding the house in the future.

I must admit, I wish I could nest without the "this house is for sale" thing hanging over my head.

the last straw recently is that my realtor called him like a dozen times to get him to resign a contract because it had been up for 6m. he never returned her calls or messages, so she came by and took the sign and lock box several weeks ago.

Glad about not having ppl coming in my house all the time making comments about it being messy (I'm certainly not going to pack up stuff and store it and keep house spotless. I live here and have no incentive to move at a large deficit!) or nowhere near worth what we are asking.
I got one offer after about 100 viewings for 80K with asking price of 145 (140 is what i'd need to break even)

Part of me is considering letting the bank forclose on it, or what my options might be to take my ex to court and get him off my back.
I'd consider taking the house and refinancing, but he left me with 2m of mortgage payments due (he'd been hiding mail and I didn't notice because I was working crazy hours and trying to keep up at home, and he did absolutely nothing) and no money. I got caught up as quick as possible, but I carried a 1m balance for several months on one of the two loans and they started "forclosure" proceedings internally. I had to cough up 4K to cover the outstanding 800 (2 months) plus legal fees, plus several months in advance.

the same thing just happened, my ex hadn't paid a dime in child support since march (well, ever. he was ordered to pay part of daycare, and after mediation he was supposed to do CS instead. he did neither) and meanwhile I paid off entire CC he had been hiding bills from and I was ordered to pay. I paid 4K in june, ontop of the 3K in march for my lawyer and 1K for mediator. then my car blew up in aug, and I had to buy a new one. I could have bought used.....but with my $$ issues.....I knew a loan might be hard. I ended up buying a new Kia soul (15K) which of course put me in straights between costs of old car (mechanic, tons of oil and such to get it TO the mechanic, loaner for 3 days...) and downpayment, then my water main blew 2 weeks later and cost me 1K to fix....then followed by 3K of dental work with another 2K+ to do.

(honestly, I have no idea how i've been able to keep coughing up these obscene amounts of cash!)

I would have been ok without everything going to hell in just a matter of a few weeks, but life happens.
I'm ONE month behind on the larger mortgage again, and they called to tell me that I can't even pay....now there are legal fees (just like before) that i'm not sure I can cough up the money for :(

my mom suggested bankruptcy might be a option, and she's the last person who would.....she and I both live in the "I will never owe anyone a dime and never borrow unless I absolutely have to" world. I have NO debt right now except car and house....and the few bucks family members loaned to me 2 years ago. they consider it a gift, I don't ;)

I'd like to own my own home again, so that worries me as well.
I don't really know what to do right now.....
I probably need to talk to a broker and the loan company....but I need to know what my options in court may be as well.

anyone have any suggestions?
 


mistoffolees

Senior Member
Other than your long rambling story, what is your question?

In your multiple other threads, it has already been explained to you what your options are wrt the house (or you could simply search this board for 100 other threads with the same fundamental issues).

What is it you want to know?
 

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