Legal Question in Real Estate Law in Indiana

Foreclosure on servicemembers home?

My husband and his ex-wife owned a house and in their divorce she was awarded the property. Since then she has filed bankruptcy and all her debts including the house and a van which were both in his name. He is in the Army (MAJ) and he is about to lose his clearance over this matter as it shows on his credit report as a foreclosure. We have attempted to try and negotiate a refinance but the mortgage company is unwilling to work with us unless we pay over $14,000 which is what she was behind on. This house was placed into foreclosure in August 2005. It has been over 16 months now since the foreclosure began. We were told that one of the reasons it hasn't been sold is because of the Soldier's and Sailors Civil Relief Act. We were also told that the mortgage company couldn't do anything with the house (sell it or whatever) because my husband is still in the military. Is there anything we can do? When his ex filed bankruptcy we got stuck with an additional $20,000 in debt. We borrowed the money from a friend to pay those debts off but we do not have another $14,000 lying around. We need HELP!

--name removed--

P.S. his divorce papers stated these debts had to remain in his name, or else he would have had it removed


Asked on 12/18/06, 10:56 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Foreclosure on servicemembers home?

Please confer with a real lawyer as soon as possible about this case. It sounds plausible to me that the foreclosure has been suspended due to your husband's status as an active duty military officer. If it would ease the problem for the home to be sold at foreclosure, then your husband can sign a written waiver or consent. It sounds like your husband was in such a hurry to get out of his former marriage -- possibly so he could marry you, in which case it was well worth whatever he had to pay -- that he would have left even his clothes behind, like St. Francis, and maybe he wouldn't even listen to the advice of counsel. Now he should confer with a lawyer experienced in property law, and take heed. I suggest you start with your local JAG office and go from there. As to the foreclosure showing up on the credit reports, make sure you send the reporting agencies your explanations for the default, so that also becomes part of the record. Good luck.

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Answered on 12/19/06, 11:24 am


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