Ok, here's a question that isn't for me. A friend of mine is going through a really rough time right now. She has an Order of Protection against her soon-to-be-ex-husband, so the house they bought together is going to be forclosed on. She is living there with her 2 kids, and because of the OP, he's not there. He doesn't feel that he needs to pay the mortgage because he isn't living there. She needs a new furnace, and a new roof, and she hasn't paid the gas in 2 months, in 10 days they are going to shut it off. The forclosure starts at the end of this month, and I'm trying to do what I can to help her. She already has a BK and that was in 1998, so BK is out of the question. Can anyone think of anything that she can do to save her house, save selling everything she owns? Please try to help her.......
Erica Are there any local or state resources that your friend might turn to? Also, has she contacted the lender to explain her situation? Some times in a divorce situation, property is sold as part of the divorce. As a last resort, have your friend either look into selling or possibly a CH 13, though I am not sure if she would be able to. BTW, how far behind is she and what type of income situation is she in? fla-tan
She contacted the lender, and because of their recent BK, they refuse to help her. She's 2 payments behind. I told her to look into the Red Cross and the Salvation Army, but I doubt they will help her simply because of the situation. She makes approximately $10/hour and works full time. Thanks for your advice....do you have any other suggestions?
The mortgage company won't do a forebearance? I would get her to talk to someone else at the mortgage company. With all the foreclosures goin on I understand that they are doing things unheard of to keep people in their homes. i have a friend that has 3 homes that are in forebearance due to hard times. Does she go to church? Churches will help out alot. There is some organization that will help her. How about a battered women's organization? Good luck! Charlie
Did the court make the ex-to-be responsible in the temporary papers. Who did the court make responsible for the house and bills. Charlie
She doesn't go to church, and the mortgage company simply refuses to work with her. Her soon to be ex's attorney said that he isn't responsible for the house bills since he isn't living there. I am trying everything short of moving into her 3 bedroom house (she has 2 kids, one of them is pregnant) because she needs the space. I don't know what she needs more of, space or money. Thanks for the help everyone....I appreciate it.
Erica What State are you and your friend located in? I will make some inquiries on Monday to see if there is anything I can come up with. Also, it doesn't matter to much what the soon-to-be-ex's attorney says. What does the court have to say about the situation. Most times when a spousal abuse situation arises, the courts besides providing protective orders will also require support if the abusing spouse is the major breadwinner. fla-tan
Erica- If she has a disconnect notice from the gas company then she should go to Fuel Assistance. BTW in my state they can't shut off the electricity or the heat after 10/31, not sure if it's like that anywhere else. This is even if you STOP paying mid winter, they can't shut it off from 10/31-3/31
Which Chapter did she file? If her prev BK was a 7 she can still file a 13. I know from personal experience. Also, if 13 she can file a 7. The 6 year limitation only applies to the same BK chapter. Next, you do not need to attend a church to get help from one. My sis-in-law worked for First Presbyterian here in G'ville SC, and they help ANYONE who is in need. She needs to talk to her lawyer to get the court to order him to pay the mortgage. However, just because they order it doesn't mean he will actually do it. That opens up the contempt can of worms....
Even if your husband is not living with you, he still has a contractual obligation to pay on the mortgage. This is a contract between him and the bank, not between him or you or even between him and the house. Likewise, he has an obligation to support his offspring that has nothing to do with you. I'd look into filing for child support. You do not have to wait for the divorce, you can file for child support as long as he is not living in the same household as the children. You can ask for back child support back to the date when he moved out (which you should be able to easily prove.) You'd probably be able to sue for back child support even if he had been giving you some money for the kids all along (one of the flawed features of the child support system, to be sure, but rightfully to your benefit in this instance.) You'll need a lawyer for these pursuits, try your local legal aid providers. Look into what types of aid you can get on behalf of your children. You can do this part without a lawyer, and in some (maybe even most or all) states if one parent obtains benefits for the children, the state will start child support proceedings on its own to recover their expenses from the other parent. Child support may not cover your mortgage, but you should pursue this regardless of what happens to your house. (Edit - Er, amend above to consider that I am addressing the poster's unfortunate friend, not the poster directly.) -ingenue
Absolutely correct! If her former BK in 1998 was Chapter 7, she can now file 13, and vice versa. Also, if her BK was dismissed, rather than disCHARGED, she may be able to file either chapter. But she needs to do it now. Court provides for a 1-2 page emergency filing, then file the rest within 14-21 days. That will give her breathing room and time to alert the divorce courts to her husband's skipping out on his mortgage liability NO MATTER WHAT HIS LAWYER SAYS. Unless he's released from doing so by the court/judge, he MUST pay the mortgage and/or spousal support pending final settlement decree (EVEN IF HE NOW LIVES ON THE PLANET KRYPTON!!) Also, in most states, the elect or gas can't be turned off either after a certain date or if the temperatures have been at or below a certain degree for [fill in the blank] consecutive days. Have her find out what the regulations are in her state.
Does she have a lawyer??? What does HER lawyer say?? If she doesn't have a lawyer she should try and find a pro bono one, or contact the battered women place and they'll find her one. Contact the TV stations, they love public interest stories. Charlie
What is the name of the mortgage company? Ameriquest? Does she have a good sized equity? I don't want to give out the wrong info, but if she has temporary orders she needs to contact the judges office and ask them what to do. It may help because judges care mostly about the family unit. I went thru a divorce 13 years ago and I had to pay all the bills, including mortgage, and my lawyer told me that I better not be late on THEIR BILLS. I was paying about $1600+ a month before I saw my 1st penny. I almost starved, and her lawyer tried to prolong it as long as possible, because she got double the money that she got for child support. Is she in an alimony state? This is starting to piss me off and I was on the other end trying to do right! Charlie
Erica, Sometimes, the situation is beyond salvage. Can the soon to be ex make up the past due payments and keep them current? If he doesn't have the income to do that then, her situation is untenable. A Chapter 13 filing will bring a few months of relief but at the end of the day, the mortgage has to be paid. I think she and you need to look realistically at the chances of getting money out of the ex. If the chances aren't good, she needs to start looking for another place to live.
Have your friend call HUD or FHA. They have programs that will help her with the foreclosure. Research it on the net and they shouldbe able to help her.
We are in Ny, and the OP is because he hurt the pregnant daughter.....I was there when it happened. So, I don't know if the court will do anything about that. Thanks for your help. I really appreciate it.
