What happens to the partition action once the foreclosure is filed?

[FlyingRon]

No, it does not. That's not to say that bringing it up to the judge might convince him to continue the case so as to not waste judicial resources. Foreclosures tend to run about 150 days from the time the lender starts the procedure (by sending the notice of intent to foreclose (30 day notice) until the sale actually happens.

 

[LdiJ]

Hmm okay. Filing for foreclosure doesn't cause a stay on the partition? And is there an "average" time from foreclosure filing to final order?

Do you really care? The house will end up getting sold off one way or another. If it gets partitioned before it's foreclosed upon its still ends up being sold.

 

[kk1981]

No, it does not. That's not to say that bringing it up to the judge might convince him to continue the case so as to not waste judicial resources. Foreclosures tend to run about 150 days from the time the lender starts the procedure (by sending the notice of intent to foreclose (30 day notice) until the sale actually happens.

Wow that's quick on the foreclosure. Thirty days notice is up at the end of this month. I'm not sure where the partition is. Nothing more has been filed since I think October or November, and the last thing was the referee's oath. That's it.

 

[LdiJ]

Wow that's quick on the foreclosure. Thirty days notice is up at the end of this month. I'm not sure where the partition is. Nothing more has been filed since I think October or November, and the last thing was the referee's oath. That's it.

I just read your other thread. You actually walked away from a sale that was a done deal, and then allowed the house to go into foreclosure? She can certainly sue the heck out of you for that. You are ruining her credit for absolutely no good reason at all.

 

[quincy]

Here is a link to your other thread:
https://forum.freeadvice.com/threads/can-i-be-sued-for-damages.658400/

If the purchaser of your house did not receive a refund of the earnest money, s/he could sue to recover this money. The purchaser could also sue over any damages suffered as a result of the breach of contract.

 

[kk1981]

I just read your other thread. You actually walked away from a sale that was a done deal, and then allowed the house to go into foreclosure? She can certainly sue the heck out of you for that. You are ruining her credit for absolutely no good reason at all.

Yep I did. It was an incredibly complicated situation at the time.

Under what laws and theories can she claim damages?

@quincy The buyers signed an agreement holding me free of liability for walking away and it released their earnest money so they're out of the picture. It's her I'm worried about.

 

[quincy]

Yep I did. It was an incredibly complicated situation at the time.

Under what laws and theories can she claim damages?

@quincy The buyers signed an agreement holding me free of liability for walking away and it released their earnest money so they're out of the picture. It's her I'm worried about.

You were fortunate to get the release. It is good that the earnest money was refunded.

I see now that it is your ex who you are worried might sue.

By the way, your post will temporarily be invisible while the link is removed.

 

[Taxing Matters]

Hmm okay. Filing for foreclosure doesn't cause a stay on the partition? And is there an "average" time from foreclosure filing to final order?

It doesn't cause any automatic stay of the partition action. You could file a motion asking the court to suspend activity on the partition case pending the outcome of the foreclosure action, though.

 

[LdiJ]

Yep I did. It was an incredibly complicated situation at the time.

Under what laws and theories can she claim damages?

@quincy The buyers signed an agreement holding me free of liability for walking away and it released their earnest money so they're out of the picture. It's her I'm worried about.

You walked away from the sale AND then allowed the home to go into foreclosure. You have seriously damaged her credit and may have also put both of you on the hook for damages if the home sells for less than the mortgage. I also call BS on the "incredibly complicated situation at the time". I bet you never told the lawyer that advised you to stop paying the mortgage that you walked away from a sure sale of the home.

Of course she filed a partition action after that.