Legal Question in Family Law in New York
Hello my fiance and I don't live together as of yet but she is going through a very stressful situation that needs to be handled now before its too late. My fiance's mother and step father got a divorce and he was the one paying the mortgage for a 3 bedroom 2 bathrooom home with a finished basement.(Long Island New York) This man just walked out and left and now the mortgage is 5 months behind and the house is in foreclosure. He refuses to sign the divorce papers and now my fiance, her sister, and mother are in a panic because they are looking for cheap 3 bedroom apt. This man is the legal guardian of my fiance and her sister but that's probably irrelevant due to their age, my fiance is 30 and her sister is 19 and not currently NOT in college.
What are the options?? Can she get any money from this house from some kind of foreclosure aid? Can she at least postpone the foreclosure? A relative of mine stayed in the house for 2 years after they got the foreclosure notice....
WE need help and answers??
P.S- I think this dude has money because they had 2 businesses together he ran one and the wife ran the other but she had to close hers down after the split. (2 different locations)
I am saying this because maybe their can be a lucrative outcome for everyone
1 Answer from Attorneys
If there is a divorce proceeding, your fianc�e's mother can seek ancillary
relief from the court to avoid loss of the marital property.
She can ask for assistance in paying the mortgage and for spousal and possibly child support for the 19 year old if she is not working full time.
The mother should consider filing a bankruptcy proceeding so that she can save her residence.
Should you wish to discuss filing a bankruptcy petition or this matter in further detail please give us a call at 212-553-9167 or 212-962-1031.
Patricia Martin-Gibbons
Sent from my Verizon Wireless BlackBerry
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