Posted by Charles on November 08, 2006 at 18:14:59:
What state are you in? I deal with a LOT of cases like this and may be able to offer some insight and creative solutions to an unmanagable, soon to be (ex)spouse situation… Please call 678-851-0852
divorce, abusive ex can’t sell house may lose it - Posted by Bonnie
Posted by Bonnie on November 02, 2006 at 07:57:38:
I had my abusive husband removed from our home 6 months ago and filed for divorce. He took everything of value that was not nailed down. About $45,000 worth. Left me with nothing. I hired an abuse attorney that I knew but so far she has done nothing for me and I am about to lose my house to forclosure because my husband is using abusive tactics to stall the sale of the house so we will lose it.My attorney is not fighting for me. We both would get at least $200,000. I can’t let this happen. I have too much invested in this house to lose it now. I am disabled now and can’t work so I am desperate. My husband refuses to contribute one dime to the house. I had to go to the salvation army just to get heat. I feel so trapped in this hell on earth.
can’t sell house may lose it - Posted by Natalie-VA
Posted by Natalie-VA on November 05, 2006 at 12:57:54:
Bonnie,
There’s really no point in worrying about what the agent is or isn’t doing since your soon-to-be ex isn’t going to sign off anyway.
It might not be as bad as it sounds. In my state, the homeowner gets the overage from the foreclosure sale, so if you really have that much equity, you should get paid for your share in the end.
Check with a real estate attorney in your area to confirm what I’m telling you.
–Natalie
divorce, abusive ex can’t sell house may lose it - Posted by Bonnie
Posted by Bonnie on November 02, 2006 at 08:02:45:
ps I hired a broker that has not done one thing in 2 months. Not one single looker. The whole deal/contract is not even binding. I have to sell this house now. I am 2 months behind in my morgage. I have tried to get help from every source I can think of.Everyone is too busy or money hungry. Its a dog eat dog world out there.
Re: divorce - Posted by Bill Jacobsen
Posted by Bill Jacobsen on November 02, 2006 at 12:28:53:
First, if your divorce is final it will dictate the disposition of the house. You may need an attorney to help you enforce the conditions of the divorce decree. I would start be using the attorney that helped you with the divorce.
If you have a RE agent I am assuming that you have legal authority to sell the home. The agent should be advertising your house. If not, you can fire the agent. If after advertising your house is still not getting traffic it probably means it is priced too high. You will have to lower the list price.
You said that the whole deal/contract is not even binging. I don’t know what contract you are talking about.
It is amazing that your ex-husband is not anxious to get his $200K. Your first step is to get an Attorney to help you. This should not be this difficult.
Bill
Re: divorce - Posted by Bonnie
Posted by Bonnie on November 02, 2006 at 17:47:48:
I do have an attorney as it says in my original post. She is not helping at all and its too late to fire her and hire someone else. Besides I am broke. I put all my money into the house and bills since my soon to be ex is not helping. We are not divorced yet. The contract I am speaking of is the one with the Broker. The Broker/owner never signed it and so far in 2 months I have not had one person look at my house. I can not afford to wait and see what they do. I have to sell it now or the house will go into forclosure. I have dropped the price $60,000 already. Supposedly I can’t do that without my husbands okay. But my lawyer does not contact his lawyer to find out if my husband will agree so we can sell the house. Who is on my side and will fight for me??? I think I have been abused enough.
Re: divorce - Posted by Tom Hrouda
Posted by Tom Hrouda on January 24, 2007 at 14:24:08:
Its never too late to fire your attorney and hire another. That said, tell your attorney to file a motion asking the Judge to force a sale and put the money in a trust account. Then you and your ex-can argue about the how to split it, but at least you are arguing over $400,000 and not nothing.
Re: divorce - Posted by colvegas
Posted by colvegas on November 03, 2006 at 13:43:08:
Bonnie,
Wow i feel your pain and Bill is absolutley correct if your realtor or broker is not getting it done for you then get an unconditional withdrawal from that listing I did it and it works!!!
As to attorney same idea if they will not work on waiting until your home is sold or some contingency get rid of him as well you have good assets do NOT lose the home…
No legal advice is intended here only my suggestion
I would investigate how your property is held is it joint ownership etc you need to get with your attorney to look into a quiet title action if he does not cooperate with you in selling the home since if he forces you to a foreclosure ouch…
Your attorney needs to be dyanmic to know how to move forward in this case and both lawyers need to communicate through the legal issues.
Bonnie, I would look at other creative options if that sale does not happen for you. Do you still live in the home is not I would look to lease it out to at least cover your mortgage payments so that gives you time to get through this…
Bonnie, I would if you have not already is commuicate with your lender and tell them of your hardship and that you request a forebearance to readjust your paymemnts or push them back… Try also to have your lender waive the late due to your very extenuating circumstances they may do it they did it for me but the key is communication and being honest with them, since your credit will go down the tubes if your ex-husband does not work with you and his credit as well.
If I can help you can call me @ 702-400-7632…