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  1. #1
    Join Date
    Mar 2011

    Default Moving Back into a Home That Will Soon Be in Foreclosure

    My question involves a mortgage in the state of: Florida

    Two years ago my ex and I got divorced. In the divorce agreement it states that...The Wife shall have exclusive use, occupancy and sole possession of the marital home until such time as she is required to vacate the home due to the pending foreclosure action. The parties shall cooperate with one another as realted to the foreclosure action. As the moorgage is in the Husbands name alone, he shall be responsible for any obligations associated with the foreclosure action and shall indemnify and hold the wife harmless as related to the same.

    I moved out of the house about 2 years ago, and rented because i was afraid of the home being foreclosed on. The bank has not even begun proceedings. They set court dates but then cancel them and we have not received any thing from them for a year. My ex decided to rent the home to a friend of his with out my knowledge and collecting the money. Now i want to move back into the house. he is telling my that i have no rights to it because i abandoned it. my name is also on the deed. He tells me that he lives there with his friend. which is a lie he rents in a different town. someone told him that this was some kind of loop hole to keep me from the house.

    What rights do I have to take back the house if any?

  2. #2
    Join Date
    Sep 2011

    Default Re: Moving Back into a Home That Will Soon Be in Foreclosure

    You can try going back to court and request the judge to make a contempt judgment in your favor. Barring that, it appears you left in accordance with your interpretation of the foreclosure deadline and have no standing.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

  3. #3
    Join Date
    Jan 2006

    Default Re: Moving Back into a Home That Will Soon Be in Foreclosure

    Your ex has a reasonable argument that you did abandon the home. The courts are not going to expect him to simply let the home set there since you have not lived there in 2 years.

    If you want to do anything, you can try to have your divorce agreement enforced but I suspect a judge is not going to enforce that part of it any longer.

    Now, since you are on the title, you do have a right to possess the home so move on in if you wish. The tenant will have to deal with your ex if the tenant doesn't like you sharing the home with him.

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