Posted on: 09th Jan, 2009 04:05 pm
I divorced in 2004 and was awarded the home. The ex was to pay a portion of his military retirement to me, but instead paid the mortgage. He had blocked me from having any access to the account.
Then I find out it's in foreclose and court date is scheduled for mid February.
The loan is with WaMu and they state I'm on the Mortgage but not the Note. They are only sueing the ex.
My question is...why can't I buy the home from my ex and take out a FHA mortgage? If all fails...would a chapter 13 stop the foreclose? I live in Florida.
Thanks in advance
Then I find out it's in foreclose and court date is scheduled for mid February.
The loan is with WaMu and they state I'm on the Mortgage but not the Note. They are only sueing the ex.
My question is...why can't I buy the home from my ex and take out a FHA mortgage? If all fails...would a chapter 13 stop the foreclose? I live in Florida.
Thanks in advance
bankruptcy causes a "stay" in the foreclosure process - in other words, it is held up. it will proceed eventually, however.
no reason you can't buy your spouse out, but is he amenable to it? if your name is not on the mortgage loan, then it wasn't your former husband who blocked you - it was probably because the bank recognizes that you're not on the loan, and there are privacy issues involved. you need to engage a third party (attorney, counselor) to help you. you can find counselors on the hud.gov website - just look up your state. as for attorneys, if you used one when you purchased the home, that's a good place to start. otherwise, check with friends, relatives, acquaintances for references, or simply call around.
you need help from someone else who knows the ins and outs of the situation, and i think you need it quickly.
no reason you can't buy your spouse out, but is he amenable to it? if your name is not on the mortgage loan, then it wasn't your former husband who blocked you - it was probably because the bank recognizes that you're not on the loan, and there are privacy issues involved. you need to engage a third party (attorney, counselor) to help you. you can find counselors on the hud.gov website - just look up your state. as for attorneys, if you used one when you purchased the home, that's a good place to start. otherwise, check with friends, relatives, acquaintances for references, or simply call around.
you need help from someone else who knows the ins and outs of the situation, and i think you need it quickly.
I am on the mortgage, I have a copy of it. Even WaMu said I'm on the mortgage, but not the note. Note sure what the difference is. On the mortgage contract where i signed it states borrower. My ex used a password to block me, so when i would call...the first thing they would ask is what is the code name...He has already answered the suite for foreclose to the courts...stating "you can take the home, I can no longer afford it".
I also received a letter from JP Morgan today. It says they may be able to help me and to call. I will on Tuesday, but do you still think I should seek an attorney?
I also received a letter from JP Morgan today. It says they may be able to help me and to call. I will on Tuesday, but do you still think I should seek an attorney?
if not an attorney, then at the very least a counselor. the urban league and many other organizations provide counseling and also will act on your behalf as an advocate with a lender.
check the hud website (hud.gov) and search for "counseling" and you'll find many organizations within your own state that will be pleased to help you.
check the hud website (hud.gov) and search for "counseling" and you'll find many organizations within your own state that will be pleased to help you.