Need advice from legal bees – crappy, sticky situation with ex

posted 2 years ago in Legal
Post # 2
Member
6741 posts
Bee Keeper
  • Wedding: October 2010

Since the auction date is so close, I would not worry about it at this point. Unfortunately for the tenant, they will dump things out in the sidewalk and change the locks once the new owner/bank takes possession.

edited to say I am not a lawyer!

  • This reply was modified 2 years, 2 months ago by  eeniebeans.
Post # 4
Member
6741 posts
Bee Keeper
  • Wedding: October 2010

I’m sure it depends in the laws of your state- but at this point, he/you were given fair warning (weeks to months) to contact the lender to make modifications before it went to auction. Unless he has a serious modification underway currently I would doubt he could “drag it out” more. But again, not a lawyer- just have some personal experience with ex’s who let a house get foreclosed on. Good luck!

Post # 6
Member
2052 posts
Buzzing bee

codysgirl16:  I don’t know the law, but having dealt with this before once the auction date is set the only way to really stop it is to pay the loan

In our situation we ended up selling to a home buyer (one of those flipper people) who paid the remainder of the loan to stop the auction (sadly this wasn’t a huge amount, just more than we had) and gave us around $30k. But that was with the auction months away…idk what could possibly be done in a week

Post # 7
Member
342 posts
Helper bee

My house was up for auction 3 times while I went through my loan mod (and all auctions cancelled), so until the auction actually HAPPENS, I’d assume it won’t. Once it happens, he’s done and the tenants will be forced to leave. My loan mod took over a year!

Post # 10
Member
4797 posts
Honey bee
  • Wedding: May 2014

codysgirl16:  I’m wondering why you don’t quit claim? Or can’t you at this point? Wouldn’t that take you off the loan and title? When I got divorced, that’s what I did. So that made my ex-husband solely responsible for everything.

(also am clearly not a laywer)

Post # 11
Member
6026 posts
Bee Keeper
  • Wedding: October 2014

You need to speak with a real estate lawyer in the state where the property is located.  You may be able to file an injunction against him renting out the house, which technically won’t prevent him from renting it anyway, but may show up in rental property searches and discourage potential tenants, or at a minimum would give you more ammunition if he continues to rent the property out.

But you really need to speak to a lawyer, and not weddingbee, as you may also have to worry about protecting yourself from legal action raised by those displaced tenants.

Post # 12
Member
342 posts
Helper bee

 

RedHeadKel:  Quit claim would take her name off the title of the house, but not the financial responsibility. It’s why my ex-husband woulnd’t sign a quit claim.

However, without it, she needs to sign paperwork for the loan mod (with a notary, so it can’t be faked). Even with divorce paperwork sent it, my mortgage company wouldn’t approve a loan mod unless his name was on all the paperwork as well.

So, yes, you DO have legal rights to evict tenants from YOUR HOUSE. How, I wouldn’t know… 

Post # 14
Member
378 posts
Helper bee
  • Wedding: June 2012

RedHeadKel:  a quit claim deed will only make it so she has no legal right in the house.  That will not remove her from the mortgage.  She would still be legally responsible for paying it, just as she is now.  

Yes, you should have some ability to stop him from renting, but I am not sure how you would go about it.  I would be seriously concerned about the renting bc my guess is he isn’t keeping the insurance up to cover renters. If something happens that is negligent at all you may be equally liable for it.  

Post # 15
Member
959 posts
Busy bee
  • Wedding: September 2014 - Merritt Winery

codysgirl16:  I don’t have any legal advice for you but I wanted to stop in and tell you that I have been in a similar situation with my stubborn, abusive, and immature ex. We bought a house together then did a quick claim deed to remove my name from the house but my name remained on the loan when we broke up. I had to beg and plead with this guy to refi the loan on his own. He eventually did but it was rough. I felt like I was in the same weak position that I had been in the entire 7 years of our relationship. I really just want to tell you that I know this is rough but it will end soon and you can finally GET ON WITH YOUR LIFE. I promise you that you will feel an infinite weight lifted off of your shoulders. Good luck to you and stay strong. 

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