My question involves a marriage in the state of: Indiana
This is a long, confusing situation so I will try and make this brief and to the point. Here is a quick list of what's going on.
1) Married 8-30-1996
2) Husband purchased home 5-1999
3) My name is not on the deed or mortgage due to (then) bad credit.
4) Husband defaulted and got refinanced 3 times (meaning, little to no equity)
5) I have been a stay at home mom for 22 years, have adult disabled son (previous marriage)
6) I filed for divorce 9-2018
7) We were going to live in the house to help our adult daughter till on her feet (suffers from Depression, Anxiety and PTSD as well as physical problems)
8) Husband got a girlfriend and left 10-2018
9) Husband was paying mortgage and partial utilities (since I had no job and stay home to care for son + my own health problems)
10) By 12-2018 he had stopped paying everything and I took over all utilities (stopped paying my own credit cards due to this. Credit is now tanked)
11) Learned husband stopped paying mortgage 4-2019 Asked if myself and daughter could take over payments, he said he would catch up payments.
12) 3 weeks later, husband informed me he didn't like my Facebook fundraiser for my divorce attorney fees and said he was letting the house go.
14) Got a letter on the door about mortgage 5-2019. I called and was informed he stopped paying mortgage 12-2018
15) Foreclosure papers served here (since husband never turned over new address to mortgage company but has a change of address at post office.)
16) He will not file written response or show up for court (he didn't show up for court ordered divorce mediation!)
17) He took our new car, which my name is on too.
SO.....the house is considered marital property though my name is not on the deed or mortgage. I have filed for SSI (in final stage of appeals) Our daughter works full time, her (live-in) boyfriend works and my son gets SSI. We would have taken over payments by taking in a roommate and with the kids' jobs. HOWEVER he purposefully stopped paying mortgage. He had no financial reasons to do so as he was staying rent free at a friends and only had a car payment of $580 (approx) per month. He makes $780 weekly salary plus bonus and incentive with an average net pay of $1,000 weekly.
In our current situation and having pets, it will be difficult if not impossible for us to get a rental property. I haven't had rental or home payments on my credit since I left my apartment in 1996. I had a flawless rental history from 1989 to 1999. I cannot buy a home due to my credit. lack of employment and now, poor credit.
What can I do to slow or stop the foreclosure process since we are in the middle of a divorce?
Is there anything I can do because he did this for spite and COULD afford payments but didn't make them? I have texts from him.
Do I have ANY options or legal rights whatsoever when it comes to trying to retain the home?
Do I have any recourse whatsoever in this divorce? I'm losing my mind here.
Thanks in advance......and PS, I do have a divorce attorney but she's not staying on top of things at all (ie: knew I had no income yet didn't tell me I could ask for spousal support DURING the divorce process, didn't mention I could ask for spousal support due to being a homemaker and out of the workforce for 22 years etc)
This is a long, confusing situation so I will try and make this brief and to the point. Here is a quick list of what's going on.
1) Married 8-30-1996
2) Husband purchased home 5-1999
3) My name is not on the deed or mortgage due to (then) bad credit.
4) Husband defaulted and got refinanced 3 times (meaning, little to no equity)
5) I have been a stay at home mom for 22 years, have adult disabled son (previous marriage)
6) I filed for divorce 9-2018
7) We were going to live in the house to help our adult daughter till on her feet (suffers from Depression, Anxiety and PTSD as well as physical problems)
8) Husband got a girlfriend and left 10-2018
9) Husband was paying mortgage and partial utilities (since I had no job and stay home to care for son + my own health problems)
10) By 12-2018 he had stopped paying everything and I took over all utilities (stopped paying my own credit cards due to this. Credit is now tanked)
11) Learned husband stopped paying mortgage 4-2019 Asked if myself and daughter could take over payments, he said he would catch up payments.
12) 3 weeks later, husband informed me he didn't like my Facebook fundraiser for my divorce attorney fees and said he was letting the house go.
14) Got a letter on the door about mortgage 5-2019. I called and was informed he stopped paying mortgage 12-2018
15) Foreclosure papers served here (since husband never turned over new address to mortgage company but has a change of address at post office.)
16) He will not file written response or show up for court (he didn't show up for court ordered divorce mediation!)
17) He took our new car, which my name is on too.
SO.....the house is considered marital property though my name is not on the deed or mortgage. I have filed for SSI (in final stage of appeals) Our daughter works full time, her (live-in) boyfriend works and my son gets SSI. We would have taken over payments by taking in a roommate and with the kids' jobs. HOWEVER he purposefully stopped paying mortgage. He had no financial reasons to do so as he was staying rent free at a friends and only had a car payment of $580 (approx) per month. He makes $780 weekly salary plus bonus and incentive with an average net pay of $1,000 weekly.
In our current situation and having pets, it will be difficult if not impossible for us to get a rental property. I haven't had rental or home payments on my credit since I left my apartment in 1996. I had a flawless rental history from 1989 to 1999. I cannot buy a home due to my credit. lack of employment and now, poor credit.
What can I do to slow or stop the foreclosure process since we are in the middle of a divorce?
Is there anything I can do because he did this for spite and COULD afford payments but didn't make them? I have texts from him.
Do I have ANY options or legal rights whatsoever when it comes to trying to retain the home?
Do I have any recourse whatsoever in this divorce? I'm losing my mind here.
Thanks in advance......and PS, I do have a divorce attorney but she's not staying on top of things at all (ie: knew I had no income yet didn't tell me I could ask for spousal support DURING the divorce process, didn't mention I could ask for spousal support due to being a homemaker and out of the workforce for 22 years etc)
Divorce: Divorce, Foreclosure and a Huge Mess
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