Payments behind 9 months and still in home. Received notice of default 3 months. I want to surrender property but ex-husband is the primary borrower and wont cooperate with lender. He has not signed the papers he was served and the lender has been trying to reach him but he wont respond. I live in the home and will be leaving next month to rent a cheapr home. Payment is $1900.00 which I cant pay. I understand that I have not paid my debt and want to give the property and home up. Can I do this without his consent. He does not want the home and I cant afford it on my own now that we are divorced. I feel awful and just want to surrender it or try to sell before they have to sell it at an auction. Do I have any right to do this?
2006-10-05 11:55:30 · 5 answers · asked by lovelife 1 in Business & Finance ➔ Renting & Real Estate
There is not a lot you can do if your ex will not cooperate with the lender and respond to the messages he receives. I take it by you saying that he is the primary borrower that you are also on the mortgage when the house was purchased or refinanced.
How long have you been divorced? That is not evident. When you got your divorce? If you are divorced who was awarded the house. If you were awarded the house were you also suppose to make the mortgage payments? Or were you awarded the house with your ex making the payments?
If you were awarded the house then you can legally relinquish the house to the lender by signing a deed-in-lieu of foreclosure. The mortgage company has no idea who the court awarded the house to unless someone send them a copy of the divorce decree.
If your ex was awarded the house was he to make the mortgage payments also?
What ever the situation is you can have your credit report reflect that you are not on the mortgage by the divorce decree. If you were not to make the payments make sure that you send a copy of the decree to the 3 major credit bureaus indicating you were not required to make the payments.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2006-10-05 12:23:05 · answer #1 · answered by Skip 6 · 1⤊ 0⤋
You have every right to try to sell the property before foreclosure has been completed. But your story is confusing in the sense of whose property it is. Usually when people get divorced the property is split up between them and when a house is involved it is usually sold or one spouse signs a quitclaim deed relinquishing title to the other which is usually followed by the sole owner refinancing the house in their name only. If your ex signed a quitclaim deed, I suggest you contact one of the many "we buy houses" companies out there or put it on the market with a Realtor below market value so that it will sell quick and you can hold on to some of the equity. You CAN'T sell the property from under your ex husband IF he is still on the title (or no quitclaim deed exists).
2006-10-05 13:21:35 · answer #2 · answered by linkus86 7 · 0⤊ 0⤋
Once you're that far along in the process it won't be easy to try to convince the lender to stop the foreclosure - whether they can reach your ex or not. They are probably filing their paperwork to move forward without his cooperation. Get ready for the Sherrif to enforce an eviction notice in a couple of months.
2006-10-05 12:06:03 · answer #3 · answered by bardstale 4 · 0⤊ 0⤋
Unfortunately,
You're ex-husband holds the mortgage, so he would have to be involved. I'm sure he is on the title as well, since the loan is in his name. Consult your divorce lawyer or even a real estate attorney. Good luck!
2006-10-05 12:01:28 · answer #4 · answered by Justin 3 · 0⤊ 0⤋
If you both are on the mortgage, he'll have to sign to sell, but you can list it and show it.
Contact the mortgage company and tell them.
2006-10-05 12:03:48 · answer #5 · answered by Katyana 4 · 0⤊ 0⤋