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-   -   Forced foreclosure by ex. (https://www.askmehelpdesk.com/showthread.php?t=144223)

  • Oct 23, 2007, 08:59 PM
    jcpaint
    Forced foreclosure by ex.
    I was divorced in Jan. 05. My ex spouse was to sign an acquit claim deed at that time, and it still hasn't been filed. I wanted to sell the home back then... and now the housing market here in Ohio is in a terrible slump. I fell behind on the mortgage, as I have been paying it all along... and now the home is close to foreclosure. This was the only asset that I was awarded in the divorce. Without the equity from my home, I have nothing to move on with. I do not have a good paying job, as I was out of the workforce for 15 years raising the kids in my marriage. Is there any way I can sue my ex for damaging my credit further? He was also absolved of back payments he owed in child support... and in return, I got to keep custody of my kids. He is very wealthy... and already owns a new home that is worth three times what mine is worth... and he is still the lead on my loan. Help! I don't want to lose my kids to this abusive and controlling man... and they don't want to have to live with him in a blended family. I need counsel now... and I cannot afford an attorney. I went to all available agencies here in my area, only to find that they have waiting lists to take the cases. Due to my poor credit rating, I cannot be accepted in apartment or rental properties. I will have nowhere to live by Christmas. Please, help!
  • Oct 27, 2007, 12:45 PM
    PoliticallyCorrect
    Quote:

    Originally Posted by jcpaint
    I was divorced in Jan. 05. My ex spouse was to sign an aquit claim deed at that time, and it still hasn't been filed. I wanted to sell the home back then....and now the housing market here in Ohio is in a terrible slump. I fell behind on the mortgage, as I have been paying it all along....and now the home is close to foreclosure.

    Get in touch with the mortgage company now. They will not want to foreclose and will be willing to renegotiate this loan with you

    He was also absolved of back payments he owed in child support...and in return, I got to keep custody of my kids.

    This makes no sense, you did not 'buy' the kids. He probably was able to prove he could not afford to make the payments at the time.

    He is very wealthy...and already owns a new home that is worth three times what mine is worth

    Then go back to the court to renegotiate the child payments!

    I need counsel now...and I cannot afford an attorney.

    Yes you do. Call up some charities, your church or anyone who might take your case. There are lawyers out there willing to waive a fee to help people like you

    I went to all available agencies here in my area, only to find that they have waiting lists to take the cases. Due to my poor credit rating, I cannot be accepted in apartment or rental properties. I will have nowhere to live by Christmas. Please, help!

    Do not consider moving. Sit tight. Talk to everyone. You need help and will get it
    Good luck!
  • Oct 27, 2007, 02:03 PM
    JudyKayTee
    You do not need an Attorney - go back to the Court where the Divorce was heard; take the Judgment which requires your X to sign a quit claim deed; the Court will assist you in filling out the papers. A Motion will be filed and heard to enforce the Judgment of Divorce; If your X refuses to sign the Quit Claim following the hearing, an Officer of the Court can and will sign his name by Court Order. As far as trading child support for custody - I don't understand this part. Be aware that if you file the quit claim and the house is entirely in your name you could be required by your bank to refinance the mortgage in your name only.

    At any rate - if you are having the significant financial problems you indicate you need to get support for your children!

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