Foreclosure on house during marital seperation

[SRREED]

What is the name of your state? Virginia

I am going through a separation that will end in divorce soon. My spouse and I have a home, which he is solely on the mortgage and we both are on the deed. He left me in February of this year and I filed for temporary support for our kids and myself in April. Went to court in July and got support and was ordered to pay house payment. Order was dated August 5, 2004. I have paid the house payment for the months of August to December. There was 2 months that it was not paid for in June and July. Judge told him to bring all bills current which he did not but it none of this was in the court order actually filed. Went to court last week and judge said that he could not force him to pay those two months but it was worth should be worth the over $100,000 equity to do so. He didn’t do it and bank foreclosed today.

Now the house has gone to foreclosure. Anything I can do besides paying those two payments? I don’t have the fund to do so. What are the steps of foreclosure? Do I have a certain amount of time to move? How soon does this take place? We have two kids that I have legal custody of and this is where we live.

Thank you for your help

 

[seniorjudge]

What does your lawyer say about all this?

Are you saying that you have $100K equity in this house? If that is true, then I'd be gettin' me to the bank to do some serious chatting. Most lenders do not want to be in the real estate business.

 

[SRREED]

I do not have a lawyer because I do not have the $3000 retainer needed to hire one. The mortgage loan is in his name only so they won't talk to me only to him. I have not worked for 16 years and do not have the funds to pay the two months arrears. My children and I went with out any financial support from my husband from February 5 until July 1. Meaning no money except what I borrowed from friends and family for us to live on. I have been doing the separation Pro Se. When I began receiving support for us I paid the mortgage for those months but he quit paying it two months before that.

Unfortunately the judge said that he either pays the 2 months arrears or he doesn’t that he couldn't order him to. Which he didn’t. And yes over $100,000 equity in home is about to be lost. The one bright spot is that it is a VA loan so someone will have to pay it back but since I am not on the loan I don’t think I would be responsible.

At this point I was wondering how long I have before we are forced to move out?

Thank you

 

[MortgageGuru]

Contact VA and see what they will do for you. Also, you may want to consider selling the house and using the equity as a down payment on a new home in your name. Even with the late payments, you should be able to refinance the loan into your name on a sub-prime loan for the time being until the payment history returns to good standing.

 

[seniorjudge]

Mortgage Guru is right.

Let me add that most lenders don't want to be in the real estate business. Foreclosures are headaches that they really do not want.

Time for you to start negotiating.