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

[kk1981]

What is the name of your state? Iowa

So the house is scheduled to have a foreclosure filed any day. It's also in the midst of a partition action. Things have gotten beyond contentious so there's no chance for an agreement about selling the house before the foreclosure happens.

What happens to the partition after the foreclosure is filed?

 

[LdiJ]

What is the name of your state? Iowa

So the house is scheduled to have a foreclosure filed any day. It's also in the midst of a partition action. Things have gotten beyond contentious so there's no chance for an agreement about selling the house before the foreclosure happens.

What happens to the partition after the foreclosure is filed?

A partition action forces the sale of the home at auction. A foreclosure often does the same. I am guessing that the house is going to be sold at auction, one way or another.

 

[kk1981]

A partition action forces the sale of the home at auction. A foreclosure often does the same. I am guessing that the house is going to be sold at auction, one way or another.

On that's fair. I guess my question is more is the partition going to proceed or does it stop since the bank is taking the house?

 

[bcr229]

Does your ex know that you haven't been paying the mortgage and foreclosure is imminent?

 

[kk1981]

Does your ex know that you haven't been paying the mortgage and foreclosure is imminent?

Yes. The bank calls her too and I've also told her. Asked her to come to a deal with me (asked her lawyer actually). No deal.

She asked the court to evict me when she started the partition. Things have come to low dirty blows.

 

[bcr229]

I don't think the partition would just automatically stop until the foreclosure is actually done and the bank sells the house, as in theory either you or your ex could stop the foreclosure process by paying the mortgage current. Once the foreclosure has been filed your ex could ask the court to withdraw the partition suit rather than deciding to pay her attorney to continue forward with it, but that's her choice not yours. You also have said nothing about how far along the partition suit is, and whether the judge's decision will be handed down next week or whether six months is more likely.

Also why do you care at this point? You've moved out, you stopped paying the mortgage, and your credit score is going to be trashed. The partition suit should be the least of your concerns.

 

[FlyingRon]

Neither one stops the other, per se. However, the lis pendens from the foreclosure is probably going to practically avoid the actual sale of the property due to the partition. You should make sure that the attorney that is representing you in the partition knows about the imminent foreclosure. There doesn't seem to be much point in wasting the court's time (and legal fees) on an action whose outcome is going to be mooted.

 

[Mass_Shyster]

According to your other thread, "There's hardly any equity in the house". I would not bid on a house at a partition auction knowing that there is a mortgage that almost equals the value of the house, and I suspect most other buyers wouldn't bid either.

You asked in your other thread about not challenging the partition action nor the foreclosure action. That may be a reasonable idea - just let them take their courses.

You really need to have a sit down with a lawyer who will advise you. Probably something more than a consultation. She would have to review the partition action, the foreclosure action, the deed, the mortgage, and all other relevant information.

 

[kk1981]

@bcr229 @LdiJ @FlyingRon @Mass_Shyster Thank you for all your responses. I only ask for curiosity and because I'm trying to figure out what to expect. She's certainly taken every opportunity to drive a stake in me so I worry what's up her sleeve. I don't have a lawyer for any of this and I've chosen to take a very passive stance on it all. Sounds like I'm pretty much boned no matter what; the proverbial stuck between a rock and a hard place. Especially with her being unreasonable. Anyway thanks again! I'll probably be back to ask more questions as this goes on.

 

[bcr229]

In your other thread you stated that an attorney advised you to stop paying the mortgage. This wasn't an attorney you retained?

 

[kk1981]

In your other thread you stated that an attorney advised you to stop paying the mortgage. This wasn't an attorney you retained?

No, it was a phone consult with my mother's lawyer. He was doing me a favor and handled some negotiations with her lawyer that all fell through. And yeah he told me it would be a waste of money to pay the mortgage since I won't get any money back out of it. He's a very good lawyer with a spotless reputation here and I respected his advise. At the time we expected to get the house to sell quick but things took an ugly turn and now we're here.

 

[Just Blue]

No, it was a phone consult with my mother's lawyer. He was doing me a favor and handled some negotiations with her lawyer that all fell through. And yeah he told me it would be a waste of money to pay the mortgage since I won't get any money back out of it. He's a very good lawyer with a spotless reputation here and I respected his advise. At the time we expected to get the house to sell quick but things took an ugly turn and now we're here.

Well...That "very good attorney" gave advice to guarantee your credit to get tanked.

 

[kk1981]

Well...That "very good attorney" gave advice to guarantee your credit to get tanked.

Yeah that conversation happened in October before things turned into a fight to the death. There's other court battles that are entwined with this one. The other battle turned ugly and it's bled into this one and there's hard feelings all around.

The house should've been listed and probably sold long before today. The mortgage snowballed after negotiations fell through and it's becoming a lost cause. Even today she actually answered a text to say she's really not interested in dealing. She's going to drag me down with her because of the other battle.

 

[Taxing Matters]

On that's fair. I guess my question is more is the partition going to proceed or does it stop since the bank is taking the house?

The partition action would go forward until the foreclosure order becomes final and the house is sold at foreclosure. At that point the partition action would become moot.

 

[kk1981]

The partition action would go forward until the foreclosure order becomes final and the house is sold at foreclosure. At that point the partition action would become moot.

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?