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.