Legal Question in Family Law in Connecticut
I really am not sure in what section to ask this question so I will start here.
I will keep this as simple as I can for now.....but it won't be easy...bare with me. I know I will probably need paid legal advice but do not have the funds as of right now.
With that said......here is the situation.
I left my husband and home that we built together 20 years ago, in Feb. 09. He is an alcoholic and for 15 of those years I tried and tried and tried everything to "help" get him sober and finally could not take it. We love each other very much. I prayed and hoped he would get sober all along. This past January he hit the bottom and I brought him to rehab where he was for 6 weeks. He was back! I was euphoric as he is an amazing, good person ....without the booze.
Sadly, it did not last and he is right back where he started before even going to rehab.
I have to move on and can not wait any longer nor watch this person kill himself. He won't go for help,
Ok, here is the legal issue I need help on. I am a survivor and can walk away from something that to others may seem very dumb but I have my reasons. In May of 09 I signed my part of the house over to him as he wanted to refinance and get the payments down as payments got behind and soared. I took it with a grain of salt when he said he would get more funds to pay me some of the money. As I said, I am very un-materialistic and did want him to have the house...it means way more to him then me.
He could not get refinanced. Because of his declining condition until January, he fell farther behind. I did what I could communicating with the mortgage co. from January on and sent in what little money there was.
When they sent the paper work for the modification, much I did not know because I do not live there anymore. I tried calling to speak with someone but the hour wait several times was just too much....I could not wait so I sent a letter back with what I could fill out explaining the situation and they needed to work with my husband even though my name is on the mortgage...at this point....8 weeks ago....I knew I would never go back.
The mortgage co sent another package Fed ex and I explained to him that HE had to do this....I could not answer the questions. If he had a problem, call them and talk to them.
He never did ANYTHING about it and got served with papers for foreclosure 3 days ago.
So here it is finally...I am sorry this is so lengthy....really I am.
My name is on the mortgage....honestly, I have had so many tough years my credit is awful so that part I am honestly not concerned about.
What I want to know is if I do not take part in this....filling things out to keep the house etc....what will happen?.
I wish he would sell the house....the very sad part of this is that only 57,000 is owed on it.
Because of alcohol, he seems to be oblivious to the fact that even if he can stall or save it all....he lost his job last week due to the drinking....not sure what his thinking is of how to pay the mortgage now.
Bottom line.....I am done and want to move on and just want to know where this will go if I do not sign, fill out forms, etc.
Sorry for the book.
Thanks for any advice given.
2 Answers from Attorneys
I'm guessing that if the mortgage is only $57,000, even if there are tons of late fees and back taxes, etc., there's still a ton of equity in it. You may not be materialistic, but you are doing yourself and your husband a great disservice if you let this thing go through foreclosure. Maybe he'll never kick the booze, I don't know, but if you can sell this place for $160,000 or something, then each of you could walk away with $50,000 and at least have a chanvce of starting over. Who knows? Maybe that will buy him a stint in a good rehab program and starighten him out. Maybe not. But you'd also have a nest egg to start over on. If he won't agree, you may have to go through a divorce to get the court to order the house sold. If he will agree to sell, even if he's not capable of dealing with the sale issues himself, and you have to do the leg work, it's still much better than letting it go in foreclosure.
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You should take part in the foreclosure mediation program. You must file the paperwork by the deadline. The information can be found in the papers that were served as part of the foreclosure action. You need to save the equity you still have in the house so that you don't lose everything. It doesn't really matter that you signed over your interest to him for purposes of the refinance that never took place. You still have atleast a 50% interest in the property and it sounds like you do have equity.
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