Equitible Distribution & Home Foreclosure Notice


#1

Recent separation - 3 weeks. Domestic Violence Case. STBX stated was paying home mortgage, and wasn’t. Notice of intent to foreclose from bank. Have not filed any paperwork yet; will attend divorce “clinic” in 3 weeks. Meanwhile, what should be done regarding mortgage holder? Should an ED paper be filed with circuit court just for the mortgage for now to get a “forced sale”? What is best step to take temporarily (if there is one)? Contact the mortgage holder? We’re at a loss to know what’s best.
thanx


#2

File an action for ED if you have not already, include a motion for interim distribution of martial debt, seeking an order that STBX pay the mortgage and get the payments caught up.


#3

She wants OFF the mortgage completely. In that case, is this still the best way to proceed?

Isn’t “equitable distribution” part of or included as or within what is called “separation agreement”-?

If she does file this form or action that you indicate, does this get her off the hook legally as far as the mortgageholder is concerned, since her name is on the mortgage along with his?


#4

As part of a final ED she can seek that he refinance the home into his sole and separate name thereby removing her from the mortgage, or in the alternative, that the home be sold.
ED can be outlined in a separation agreement if the parties agree to a division, otherwise the court will divide the parties property in ED hearing.
She will remain personally liable for the mortgage as between her and the mortgage company until the home is sold and the mortgage extinguished, or until he refinances.


#5

how does an ED hearing come about? she asks for it or ??? how does one get to that place?? i.e. steps or stages. She can ask for what she asks for in a SA … but if he doesn’t agree, she “asks” for hearing? how is that done? Who orders the hearing and how>?
thanks kindly


#6

You must set the matter for hearing after a claim is filed, and according to the local rules in your county.