Posted on: 06th Jun, 2011 03:07 pm
Hi All,
I owned a home with my husband and when our divorce was finalized, the only court stipulation made regarding the home was that it would be granted use exclusively to him for the term of one year.
Prior to that, I had been in the home for one year with our children. I worked out a modification with my lender, however my ex refused to sign the papers. So i left the home and turned it over to him. He has left the home empty ever since. He refuses to sell the home, live in the home and allow me to remove my name from it, or sign the papers to give it to me.
At this point the home hasn't been paid on in years. I have no idea why the lender hasn't foreclosed it, but they haven't. They continue to reach out to him to attempt and do a modification, yet he wont.
Next week, the years term is up and legally I could go back in the home. However without signed papers from him on the modification, I'd be in the same exact boat all over again.
I have no idea how to force him to do SOMETHING. I'd like to get the modification to work and move in it, or at least sell it, but he wont do anything. He says he'd rather then foreclose it then me move in it or him let me off the hook by giving it to him.
As i said, my divorce decree doesn't legally outline, in anyway, how to split or handle our home (or debt). I did my own divorce and at the time, I only fought for custody of my children, believing that he wanted the house and I'd simply sign it to him.
Any suggestions on what I can do at this point? I will probably have to file a bankruptcy to handle the outstanding debt, but that does not rectify the home situation at all.
HELP????
I owned a home with my husband and when our divorce was finalized, the only court stipulation made regarding the home was that it would be granted use exclusively to him for the term of one year.
Prior to that, I had been in the home for one year with our children. I worked out a modification with my lender, however my ex refused to sign the papers. So i left the home and turned it over to him. He has left the home empty ever since. He refuses to sell the home, live in the home and allow me to remove my name from it, or sign the papers to give it to me.
At this point the home hasn't been paid on in years. I have no idea why the lender hasn't foreclosed it, but they haven't. They continue to reach out to him to attempt and do a modification, yet he wont.
Next week, the years term is up and legally I could go back in the home. However without signed papers from him on the modification, I'd be in the same exact boat all over again.
I have no idea how to force him to do SOMETHING. I'd like to get the modification to work and move in it, or at least sell it, but he wont do anything. He says he'd rather then foreclose it then me move in it or him let me off the hook by giving it to him.
As i said, my divorce decree doesn't legally outline, in anyway, how to split or handle our home (or debt). I did my own divorce and at the time, I only fought for custody of my children, believing that he wanted the house and I'd simply sign it to him.
Any suggestions on what I can do at this point? I will probably have to file a bankruptcy to handle the outstanding debt, but that does not rectify the home situation at all.
HELP????
If I were you, I would petition the court to sell the home. I would go see an attorney, since he is completely incapable of helping. Being that the only way off of a loan is to sell or refi, you must do one of these, or your credit will be affected. Some states allow for deficiency judgments for the difference between what you owe and what the house sells for in foreclosure. In FL, its 20 years that they can legally collect. Here in CA, they can only take back the home used as collateral. I would get legal action, as I do not believe you will have a chance with the EX. Good luck