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foreclosure

Posted on: 18th May, 2006 07:52 am
my ex is defaulting on his mortgage. and will soon be in foreclosure,We both are on title. Am I or him allowed to remove items from the house, such as refrige, stove ect? He was also thinking about renting the home for 6 months is that legal?
Hi,

I think it is not possible, let me look around for more information.
Posted on: 18th May, 2006 08:09 am
Hi,

I don't think your household items will be affected by a foreclosure and you can remove them as the mortgage is on your house and not on those items.

Renting the house and staying in a cheaper location often proves to be a good idea under that condition. You can talk to your lender and explain him your problem and your intentions in paying back the money with the rental income.

I think the lenders will agree to your proposal.
Posted on: 18th May, 2006 09:59 am
hi,

if you know it is going to face a foreclosure, why don't you make an attempt to stop it? you can file a chapter 13 bankruptcy to save your house from the foreclosure proceedings.

alternatively you can sell your house and pay back the money to avoid a foreclosure. at least that will prevent your score from getting ruined.
Posted on: 18th May, 2006 10:47 am
Hi,

You can remove those items from your house if you haven't got any foreclosure notice yet.

But, you need to inform the lender if you want to place the property in rent. Why don't you and your ex-spouse try to avoid the foreclosure as it is going to ruin both of your score and history?

James
Posted on: 18th May, 2006 01:10 pm
BTW, why don't you try and sell it off to avoid the foreclosure :?: That seems to be a wise thing to do. Sell it off and pay back the money.
Posted on: 18th May, 2006 03:45 pm
I am a consumer bankruptcy lawyer in Atlanta and have seen this situation fairly often. I generally advise my clients that personal possessions can be removed from the house, but fixtures (those things permanently attached) should be left. You should check to see if this fixture/personal property distinction exists in your State.

With regard to your ex-spouse's action, if your name is on the mortgage loan, the foreclosure will appear on your credit and will damage your credit score. Although I am not sure how much good it will do, you should make sure to add your 100 word consumer statement to your credit reports explaining why you have a foreclosure on your credit.

You should also look at your divorce decree - your ex may be obligated to maintain the mortgage or otherwise hold you harmless.

Jonathan
"www.atlanta-bankruptcy-attorney.com"
"www.thebklawyer.com/thebkblog"

Link to personal websites are only allowed in signatures
Posted on: 22nd May, 2006 08:24 am
Hi, Jonathan

Welcome to the Forums.

I am Brian, the Marketing guy for MortgageFit Commmunity.
"I am a consumer bankruptcy lawyer in Atlanta " Our Community will be delighted to have a member like you.

You can join us and enjoy various benefits as a community member. As a member you will have all the rights and privileges and we will get oppurtunity to learn from you.

Hope to see you as our community member.

Regards

Brian Dela Cruz
Marketing Dept.
MortgageFit Team
Posted on: 22nd May, 2006 08:45 am
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