Husband willfully letting house go into foreclosure

[Madison Pier]

My husband, we are currently in the process of divorce, has not paid the mortgage in 4 months.

I am not on the mortgage but was told at the beginning of the divorce that all property in Vermont is marital property whether it's in one name or both.

We were attending case managers conferences to determine the distribution of assets and I now find out that the mortgage company is beginning foreclosure on the home.

I requested all bank statements from June 2018 to current, and going through them my husband has spent thousands of dollars on dating sites/ porn/ etc. and the totals of those purchases would have been more than enough to cure the default.

I was told by a friend of both of ours, that he is planning on letting the house be foreclosed on and that his parents will purchase it at a fraction of the homes current value.

My question is, can I do anything about this? Can he actually willfully let the house be foreclosed and his parents buy it for him to still live there?

 

[not2cleverRed]

My husband, we are currently in the process of divorce, has not paid the mortgage in 4 months.

I am not on the mortgage but was told at the beginning of the divorce that all property in Vermont is marital property whether it's in one name or both.

We were attending case managers conferences to determine the distribution of assets and I now find out that the mortgage company is beginning foreclosure on the home.

I requested all bank statements from June 2018 to current, and going through them my husband has spent thousands of dollars on dating sites/ porn/ etc. and the totals of those purchases would have been more than enough to cure the default.

I was told by a friend of both of ours, that he is planning on letting the house be foreclosed on and that his parents will purchase it at a fraction of the homes current value.

My question is, can I do anything about this? Can he actually willfully let the house be foreclosed and his parents buy it for him to still live there?

Look up the phrase wasteful dissipation of marital assets.

Furthermore, when a house goes into foreclosure and the bank puts it up for auction, the bank does so with the intent of getting the most money possible. If hubby is determined to do something to the house to make it unattractive to potential purchasers, so that only his parents would bid, at well below market value, that is a form of fraud. I suspect that the bank would not wish to be defrauded. Banks generally like to get as much money as possible in these situations. If hubby is not attempting fraud, but is merely engaged in wishful thinking that no one but his parents would buy the foreclosed house, he could be in for a rude awakening. He does not get to choose who purchases the foreclosed house: the bank does, because the bank owns it.

Question: who is currently living in the house?

 

[Madison Pier]

Look up the phrase wasteful dissipation of marital assets.

Furthermore, when a house goes into foreclosure and the bank puts it up for auction, the bank does so with the intent of getting the most money possible. If hubby is determined to do something to the house to make it unattractive to potential purchasers, so that only his parents would bid, at well below market value, that is a form of fraud. I suspect that the bank would not wish to be defrauded. Banks generally like to get as much money as possible in these situations. If hubby is not attempting fraud, but is merely engaged in wishful thinking that no one but his parents would buy the foreclosed house, he could be in for a rude awakening. He does not get to choose who purchases the foreclosed house: the bank does, because the bank owns it.

Question: who is currently living in the house?

He is currently living in the house, I fled as soon as I could. He held a gun to my head after years of domestic violence. Currently there is a protective order in place that he has violated with pending criminal charges

I received an appraisal report from his attorney, and the pictures are atrocious. In 7 months that I have been out, there’s garbage everywhere and it’s just awful. I’m going to try to get an appraisal of my own, since the one he had done came in at 70,000 less than what is owed and I know that’s not accurate.

 

[Madison Pier]

Look up the phrase wasteful dissipation of marital assets.

Furthermore, when a house goes into foreclosure and the bank puts it up for auction, the bank does so with the intent of getting the most money possible. If hubby is determined to do something to the house to make it unattractive to potential purchasers, so that only his parents would bid, at well below market value, that is a form of fraud. I suspect that the bank would not wish to be defrauded. Banks generally like to get as much money as possible in these situations. If hubby is not attempting fraud, but is merely engaged in wishful thinking that no one but his parents would buy the foreclosed house, he could be in for a rude awakening. He does not get to choose who purchases the foreclosed house: the bank does, because the bank owns it.

Question: who is currently living in the house?

He also got rid of our two cats, and no one will tell me where they are, as well as my daughters guinea pig.

 

[not2cleverRed]

He is currently living in the house, I fled as soon as I could. He held a gun to my head after years of domestic violence. Currently there is a protective order in place that he has violated with pending criminal charges

I received an appraisal report from his attorney, and the pictures are atrocious. In 7 months that I have been out, there’s garbage everywhere and it’s just awful. I’m going to try to get an appraisal of my own, since the one he had done came in at 70,000 less than what is owed and I know that’s not accurate.

Then indeed, he should be paying.

You should still look up wasteful dissipation of marital assets.

If you have any pictures/records of what the house was like before he trashed it, that might help. What could help you is if you can show that 1) the value of the house has significantly decreased due to his actions, 2) he had the ability to pay the mortgage but didn't.

Unfortunately, it is perhaps best (financially, since this is a mess) to not focus on the cats or guinea pig. Rehomed is one thing. Killing is another.

Hopefully you and your daughter are getting counselling.

P.S. Have you tried to work with the bank?

 

[Madison Pier]

Then indeed, he should be paying.

You should still look up wasteful dissipation of marital assets.

If you have any pictures/records of what the house was like before he trashed it, that might help. What could help you is if you can show that 1) the value of the house has significantly decreased due to his actions, 2) he had the ability to pay the mortgage but didn't.

Unfortunately, it is perhaps best (financially, since this is a mess) to not focus on the cats or guinea pig. Rehomed is one thing. Killing is another.

Hopefully you and your daughter are getting counselling.

P.S. Have you tried to work with the bank?

I will look up the wasteful dissipation of marital assets. We have another case managers conference tomorrow morning, and I wasn't sure if that was the appropriate time to bring it up.

I have some pictures, but they weren't taken to show the condition more just pictures of my dog in the house or my daughter and I but I think they show that the house was certainly in better condition than it is currently.

Yes, thankfully my daughter and I are both in counseling.

The pets, I really hope they were re-homed because that would be the best case scenario. Before I left he said he would do awful things to the animals, when I put in for the protective order I asked that the animals not be harmed and that was placed in the temporary order. I mistakingly did not pay attention I guess, because I don't see it mentioned in the final protective order so I am not sure if there is anything I can do. I just keep asking his attorney for the contact information for where they are just so I know they are safe.