Legal Question in Real Estate Law in Iowa
I discovered our house was in foreclosure 9 months in to it when I noticed a crinkled up envelope. I Googled the return address, and the result was a listing for a law office specializing in foreclosure. I called the number, learned of our situation and immediately began taking steps to file for divorce. Soon after being served with the Petition for Dissolution, my husband was arrested for domestic abuse with injury. Our 17 year marriage was plagued with his abuse, and escalating narcissistic behavior for years. The state imposed a no contact order prior to his release from jail. After his release he immediately filed a mail forwarding request with the Post Office, and cleaned out our business , personal, and our children's bank accounts. To top it all off, his request to the courts for a order to preserve assets was granted. The business I started 17 years ago; my soul source of income was ordered to cease from operating. I was unaware of the hearing because the hearing notice was forwarded directly to his p.o box. In the blink of an eye, I lost everything. Having him gone from the house finally allowed me access to our financial documents. Nearly every monthly bill, including credit cards were in default and I learned that our taxes hadn't been filed since 2008, and as best I can tell even the filed 2008 return is incorrect. I found banking slips, canceled checks and other evidence of hidden bank accounts and a safe deposit box key. Hindsight revealed that he had been taking steps to go back into the construction trade for some time. He was now self employed as a contractor and hiding his income, and assests by not leaving any paper trails. A house he had been looking into purchasing as an investment property was now showing as being purchased by his uncle who lives thousands of miles away. He washed his hands of all responsibility the day he was arrested, including the support of our children. Temp mediation agreement was totally ignored resulting in disconnection utilities, repossession of my car, and my inability to qualify for home modification relief. My house goes to auction in less than a week. Goverment housing has a 2 year wait list for assistance, and because my oldest just turned 18 I am only elidgable for less than $270 in food assistance a month. I have found a entry level job, but am literally penniless, soon to be homeless and will no doubt be forced to allow my children to go with their father. My business is destroyed,all my retirement funds have been depleted and I just received $13k bill from my less than effective attorney. Legal Aid was of very little help except to tell me that I wouldn't qualify for Chapter 13. Is there any way to postpone this fast approaching Sheriff's Sale? I need some guidance.
1 Answer from Attorneys
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Can a summary judgement be ordered if a foreclosure process was rescinded Asked 11/20/13, 11:58 am in United States Iowa Real Estate and Real Property