Legal Question in Real Estate Law in Minnesota

foreclosures

I spent ten years with the mother of my child. We purchased our home five yeaars ago together. Sence then we have legally seperated. During the end of our relationship I was told by her she was making the house payments. Later it came to my knowledge that she had not been making the payments. I had not received the letters from the bank due to the fact that she had taken them from the mail and placed them in with her personal mail. After she moved out I spent time cleaning and found the information from the bank in a box she had hidden. I then comtacted the bank and was hoping they would still work with me. They would not even listen to my story and they were not willing to even try and work with me. I would like the chance to save my home. I hope that you can help my son and I stay in the home he has grown up in. Thank you for taking the time to read about my situation.


Asked on 10/11/03, 3:33 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: foreclosures

You didn't say you were married. If you were, a divorce could probably help a lot.

A Chapter 13 Bankruptcy might help. You can use it to restructure the payments to the mortgage company.

If your X is half owner and if she's gone and doesn't want to help pay, that's a big problem. Even if you got the mortgage taken care of, it's still only half your house.

You could get a child support order. You can also get an order requiring that the house be sold and proceeds if any divided between you and your X. I don't know of any way to get a court order getting your X's name off of the house and letting you keep it - not unless it was part of a divorce.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 10/13/03, 1:56 pm


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