I am the friend erica has been trying to help. I have decided to post my own message. Yes my husband was escorted out by police a month ago, For abusing my pregnant teen. His lawyer has told him he does not need to pay for the mortgage since he is not living at home.( or any of the bills in his name). I have a yr long order of protection good until wept 2003. If they forclose on the house I will find another place to live. If i can prevent that for the holidays I would like to. He can afford to pay the arears in the mortage and our support hearing isnt until november 13th. I do believe by then forclosure will have started. I spoke to one representative in the mortgage company and they told me since we filed a bk in 1998 there is nothing they can do to help me ...do i ask to speak to a supervisor or pres of comp??here he is making 1,089 dollars every two weeks and i havent seen a cent since he was takin away..first hearing for support like i said isnt till mid november.I will be contatcting bws in my area for financial help..dont know why they havent called me though..went through dosmetic violence advocacy thought they would contact me..Anyways my hope is he will have to pay till i get back on my feet or oh well i will just move with my kids... i didnt like the house anyways... And yes i work a 40 plus hour job and make roughly 10 bucks an hour ..not enough to cover expenses... Thanks for your help i really do appreciate it.
I don't have much to offer in the way of advice, but good luck and I hope the S.O.B. gets what's coming to him. I don't think his lawyer offered him very good advice though. Gib
I'm not an expert, but if the foreclosure process will have started by Nov 13th the process can be stopped if the arrears are paid PRIOR to the actual foreclosure. I know that is the way it works in Texas. I understand that the mortgage company has been of no help. Have you tried to speak to someone else at the mortgage company and explain to them the situation? The mortgage company, in Texas, has to file the foreclosure paperwork 21 days prior to the forclosure sale. What state do you live in? Keep your head up. Hopefully, everything will work out. Fla tan is the mortgage/real estate expert maybe she'll pop in. Charlie
Is this a joint mortgage or is it in just his name? Can you come up with 2 or 3 payments before the first? Can your attorney get an emergency hearing? Exactly how far behind are you? Do you have any money? Do you live in a rural area? There is a rural assistance, not HUD, that assists families in purchasing homes. I think that they also assist with existing homes. A friend o mine purchased her home this way. Don't dispair. Keep your head up and take care of yourself and your children. Don't give up!
Charlieslex Thanks for the kind words. I would need to know what state cloe is located in before being able to say anything about foreclosure laws. I would think though that there should even be a redemption period after a foreclosure sale as well as before. BTW...I am not a she...I am a he fla-tan
I guess we need to know a few answers in order to assist you: 1) Is this mortgage is JUST your name (say from a previous marriage)? or JUST his name (his house before you married him), or BOTH your names. 2) Do you have a divorce attorney? 3) Have you consulted a Bankruptcy attorney? (YOU SHOULD NOT BE TALKING TO THE MORTGAGE COMPANY ABOUT FILING BANKRUPTCY. The information they've given you may be correct for their policies ("we can't help you since you filed BK in 1998), but is ABSOLUTELY INCORRECT for your situation. They only meant that THEY can't make arrangements with you. This DOES NOT mean you can file BK. (Two different things.) 4) Nearly any BK attorney will talk to you about your situation for free. So do it now! The attorney can even legally hold off on filing the "emergency BK" until the day of the scheduled foreclosure, thus legally stalling for time to file the rest of the paperwork until the divorce courts can haul your husband in on failure to pay (if that's the situation) 5) MOST IMPORTANT: Get off the internet and call a BK attorney THIS INSTANCE and tell him/her everything you're saying here, PLUS the answers to the questions above. Not one of us here can save you if you don't!!!!!
keep mine- the mortgage is a joint mortgage and i know credit wise my credit is already lousy so the forclosure means nothing to me at this point.
fla tan thanks for the clarification on your gender i am in NYS the state that has screwed up laws as far as divorce goes anyways....
thanks charlieslex, I have not received any calls or paperwork yet on the late payment..it wont be 30 days past due till november 1st.. so i really have no clue what to expect..
Whatever you do, don't do "nothing". Not sure about NY foreclosure laws, but if you're not even 30 days late yet, seems to me you've got some breathing room! Anybody in NK?
hi hope and thanks for the quick response all of you..i might become addicted to this place.the answers to your questions... the mortgage is in both our names so its not only my credit that he's ruining. (oh yea on my credit report it states the mortgage was included in our bk in 98 but it wasnt so that will probly make things impossible.) i have a divorce attorney thru leagal aid due to the domestic violence situation but the divorce process will not begin until custody and child support are completed 3, I have not spoke to a bk attorney as of yet bec it was my bk attorney my husband hired for the custody and childsupport issues( trying to get him to recuse himself due to conflict of interest). 4. thanks i will call another bk attorney today!!!!!
To everyone who is helping cloe, I really appreciate it. I urged her to come here before all of this started, because I, myself, have become addicted to this place. I'm really glad that you all have tried your best to help her. You all are the greatest, and I hope that you keep helping others....... Cloe, Keep your chin up, I love you!!!!!
Cloe, i wish I could offer you advice but I want you to know that you are in my prayers. Keep your head up; you will get through this!!
I would really think hard about a BK. If you talk to a BK attorney he may not be looking at YOUR best interests. If you don't file a BK he can't make his $. I would talk to a GOOD divorce attorney. My opinion. How far exactly are you behind in your mortgage? Charlie
I'd agree with Charlie. With a 1998 filing, you couldn't file a Chapter 7 until 6 years have passed. A chapter 13 would be your only option. With you making $10/hour and your soon to be ex making $1089 every two weeks there just doesn't seem to be enough money available to support a mortgage. Remember, he'll have to be allowed resoures to support himself. You live in a state with high property taxes and home owners insurance. Not knowing child support issues and all the other financial details but, I just doubt there is enough money between the two of you to support a Chapter 13 payment plan or, rescue the mortgage and then have a realistic chance of keeping it current. If you have any equity in the home, now may well be a good time to capture it before legal fees eat it up.
