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  1. #1
    Join Date
    Jan 2006
    Location
    Southwest Mississippi
    Posts
    5

    Default Mortgages, foreclosure in divorce court

    OK legal eagles, here is one for you.

    I find myself as the defendant in divorce proceedings and the only hearing held so far has been a temporary maintenance hearing for financial relief petitioned by the plaintiff. The plaintiff and family are extremely affluent.

    My attorney requested a temporary refinance of the marital domicile granting her exclusive use and that I would be responsible for the monthly note until final judgment would be determined by the court. This was granted and agreed and approved by the plaintiff and her attorney.

    When refinancing arrangements were made the plaintiff defaulted by refusing application for the refinance placing her in contempt of court. Mortgage payments on the existing loan ($1800.00/mo.) are now in delinquent stage and foreclosure is a given.

    Approximate value of subject property $250,000.00 with a principle amount owed of $100,000.00. I feel certain the plaintiff will have a representative at the public sale to bid on the house thereby wiping out any equity I may be entitled.

    Can I file a "lis pendis" and stall foreclosure proceedings until a determination can be made by the court as to an equitable split between the parties?

    I am also in contempt as her actions have made it financially impossible to abide by other financial obligations by me ordered by the court.

    Please do not pass the buck and state that I should consult with my attorney. He has other business interests and travels most of the time in his twin engine plane buying motels on behalf of the Patels.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Lawyer is MIA

    The fact that your lawyer is MIA does not transform these from questions you should pose to him to things you should decide by yourself. If your lawyer is so important that he doesn't have time for your case, you should think about switching to a lawyer who is less important but is willing to do his job.

    Trying to impede the foreclosure sale sounds like a mistake. If your spouse's family acquires the home at the foreclosure sale, try to make an equitable claim against the balance of the estate for your share. And get yourself into full compliance with the court's orders.

  3. #3
    Join Date
    Jan 2006
    Location
    Southwest Mississippi
    Posts
    5

    Default

    Since I am not in compliance with court orders in finacial responsibilities can I ask the judge to allow the amounts ordered now in default to be added to the loan refinance application that my wife has refused to cooperate with same court order?

    Have been through 5 attorneys and feel as though I am at a cast party for "My Cousin Vinny".

  4. #4
    Join Date
    Feb 2006
    Location
    49546
    Posts
    5

    Default Your delima

    I'm not a lawyer, but I am a mortgage expert and I've dealt with dozens of cases similar to yours in terms of your financial issues. From my perspective, you should have no problem fixing the forclosure proceedings for at least some time by refinancing and getting a new mortgage ASAP. Typically the one main problem with this type of situation is a lack of equity, but you clearly do not have that issue. Lenders will generally go to 65% of the homes value (162500 in your case) on a fully documented (income etc) forclosure bail out loan. The rate would not be pretty, but it would succeed in at least bailing you out of your hardship, as well as possibly right side any debts you may have between your current (terrible sounding) spouse. You could easily refinance in short order after the loan balance is current to a better loan with out the high rates that come with forclosure scenerios. I believe that would deffinetly work better than any legal road bumbs you could throw at your wife in her apparent quest to "steel" your marital home.

    The only things that may be a problem are;
    1. You and your spouse are still married, and in most states that will mean she too will need to sign the mortgage note at least. In other words, don't burn the bridge into the watter, try to keep it civil enough to elicit her cooperation. If need be ask for the judge to mandate her participation in your persuits in the best interest of all parties involved.

    2. Time is of the essence, forclosure bail out loans become impossible after the Sherrifs sale. Get moving now if you want any hope of saving your home at all and forget about who might be bidding on the home at auction.

    I can help you in; CA, FL, MI, IN, IL, OH, VA, CO, LA, MO, MN, and KS. If you are in any other state I can find someone who is licinced in your area to get your loan.

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