Foreclosure before Conclusion of Divorce


Posted by Anita Warner on December 18, 2002 at 12:31:05:

I am married and going through a divorce. I meet with the Friend of the Court in January 2003. However, my husband has not made a mortgage payment on the house since October. The mortgage company has the house in collection status. The mortgage company will allow 90 days to lapse without a payment before starting foreclosure proceedings. I'm worried because my 11 yr old daughter will be in my care & my husband is deliberately trying to lose the house before we have a settlement hearing. Please advise me on what my next step should be to prevent the foreclosure from occurring. I can't afford to pay the notes due to financial restraints. Is there an order that can be filed with the court to force him to make payments on the house until the divorce is final and our property settled? His income allows him to pay the majority of our family bills, so he has the money. His name is on the mortgage, mine is not. We've been married for 13 yrs & have a 11 yr old daughter. For me, at this point our home is my financial bargaining chip to maintain some sort of stability for my daughter & me after the divorce. I'm counting on money from the sale of the house or my husband offering to buy me out. Both options seems to be lost right now. PLEASE HELP Me to understand what my rights are. How long does it take for the mortgage company actually forces us out of our home?

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