Property Question from SA


#1

It states in my SA that I agree to pay $x in Alimony and $y for the mortgage on our house prior to the house’s sale. And it says I agree to pay $x + $y in Alimony after the sale of the house. Our house went under Foreclosure. There is nothing in the SA about Foreclosure. What does the law say I would be responsible to pay?


#2

You are bound to pay the alimony. If the home is in foreclosure I do not recommend you make anymore payments towards the mortgage as the home is already lost at this point.


#3

Erin thanks for your response. I am not paying the mortgage any longer. I need to clarify what I mean to ask.

My question was really what Alimony am I responsible to pay currently? Currently my home has been foreclosed. No where in my SA does it mention about what happens due to a foreclosure. Again it says in my SA:

Prior to the sale of the home I have to pay $x in Alimony and $y in mortgage costs.
After the sale of the home I have to pay $x + $y in Alimony.

So my question is what status am I in? The home did not sell, it foreclosed. So as far as paying Alimony do I continue to pay $x or does the law consider foreclosure the same as a sale in this case and I have to now pay $x + $y?

Thanks.


#4

My opinion is that you would pay alimony as if the home has sold since it has been lost to foreclosure.