Foreclosure in Miami>Question Details

Mimi, Other/Just Looking in Coral Gables, FL

My b/f got served with foreclosure documents and we are not sure if we have to answer to the court.

Asked by Mimi, Coral Gables, FL Thu Mar 26, 2009

the property was purchased with his ex-wife before marriage, while on the divorce process he found out that his ex had not been paying the mortgage since the month prior separation. At that time they had come into a verbal agreement for her to stay with the house. Once he found out she wasnt paying He spoke to them to try to do a short sale/find answers to avoid his credit to be damage and after many conversations she refused, she had filed for bankrupcty but she didnt include the house, so she didtn care. On the divorce agreement it was stated that he was not in the loan for the mortgage but he was on the note & that they were both aware that the house will be going under foreclosure. We contacted a foreclosure attorney & all she said was there is nothing we can do, to let the house go under foreclosure.He doesnt want the house nor can he afford to pay all the payments that are behind, besides she still living there.we still would like to know if we have to answer to the court

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thank you for the information.
I was reading the divorce agreement and I was wrong. It says that the He is listed on the mortgage for the property, but not the underlying note. However if we look in the he shows on the note. So it is very confusing. And now its 2 attorneys that say that there is nothing he can do.
Thank you again for all your answers
0 votes Thank Flag Link Fri Mar 27, 2009
The question is if you want to have a foreclosure on your record. If you are both husband and ex-wife are on the note the credit is going to be hit hard on both people on the note. If you respond to the complaint you can delay the foreclosure and maybe try to get the lender to do something. The goal would be to try to refinance and get ex wife of the note after a modification that would lower the payments.

The decision is up to your boyfreind but if you have a foreclosure on your record it will be a while before you purchase another home.
0 votes Thank Flag Link Thu Mar 26, 2009
Certainly! He should answer the summons within the time allowed- 20 days. Best to be prepared to defend his.your position. The results could damage his credit and possible liens or judgments.
0 votes Thank Flag Link Thu Mar 26, 2009
I am not an attorney, but if your boyfriend is on the note, he needs to get legal advice, because he would be liable for the debt just as much as the ex-wife would. Personally, I think it's a BIG mistake to ignore any kind of legal notice!
0 votes Thank Flag Link Thu Mar 26, 2009
You follow the advice of your attorney.

If he IS NOT on the loan his credit may not be effected HOWEVER concerned about any tax issues and etc.

Nothing you can do if house is going to foreclosure unless you speak direct with lender, request a extend the time, banks dont want the home... however if he is not on the loan he cant speak with lender.

~ National Featured Realtor and Consultant, Lecturer regarding Credit Repair, Mortgage Loan Officer
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0 votes Thank Flag Link Thu Mar 26, 2009
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