Legal Question in Family Law in Massachusetts

Re: Divorce/Foreclosure

Why aren't you asking your divorce lawyer? If the divorce is not yet completed, you need to move fast to stop the foreclosure and get the court to order him to pay the mortgage. If the divorce is completed and he was to pay the mortgage, then a complaint for contempt should be filed immediately with a request for a temporary injuntion against the sale of the house. If there was no provision for him to pay the mortgage, someone did not do a proper job.

In any event, you should not have waited for the foreclosure to start, since it can be hard to stop. If it turns out you have to pay the mortgage, you may be able to file a Chapter 13 bankruptcy to stop the foreclosure.

Call me if you want to discuss this further. 508-755-1538

Re: Divorce/Foreclosure

How long have you lived in home? At what interest rate have you been paying your mortgage?

Bank probably does not own it any longer. Mtg has been sold two, three, or four times. At high rate, bank long ago got its money back. Each time the mtg was sold, the next mtg buyer bought it at a reduced rate.

You will be wise if you tell your husband this . . . in case he does not know it. ((Your lawyer might also not know this.)) Your husband can then pay off mtg at a GREATLY reduced amount. A third or even half of what is due. That will take cash. which you both can have if you sell the house.

Clearly I cannot advise you, for I do NOT know all the facts, all your debt, etc.

Try, however, to work it out OUTSIDE OF COURT. Some of the judges are not "swift" about money. It will get worse for BOTH of you if you rely on the court to solve your problems. Your husband will end up in jail, your kids will be very angry with you if their father ends up in jail, etc.

TRY TRY TRY to settle matters amicably OUTISDE OF COURT. If you are in debt for $1000s living together, just imagine what it will be like in trying to make it financially with two separate residences. (It is unlikely your husband wants to continue living with his folks. I could be wrong, but I am assuming, he is human and wants to live on his own -- with or without a companion -- as an adult.)

BEST OF LUCK.

Re: Divorce/Foreclosure

You should be talking to your attorney now!

If the divorce is not finalized, you need to move fast to stop the foreclosure and get the court to order him to pay the mortgage. If the divorce is completed and he was to pay the mortgage, then a complaint for contempt should be filed immediately with a request for a temporary injunction against the sale of the house. If there was no provision for him to pay the mortgage someone made a serious mistake.

In any event, you should not have waited for the foreclosure to start as once it begins it will be hard to stop. If it turns out you have to pay the mortgage, filing a Chapter 13 Bankruptcy may to stop the foreclosure.

Contact your attorney now or call a new attorney ASAP.

Re: Divorce/Foreclosure

You mentioned that your husband filed for divorce recently. I suggest if you don't have an attorney you should get one soon. The other attorney replies covers the most advice you can receive here w/out further facts. Please feel free to contact me if you are not already represented. My initial consult is free. Good Luck. Sincerely, Maria Murber