I don’t think that I know the answer to the question here but I do know that in todays market, even if he signs to sell the home, it may be months before it is sold and could still be foreclosed on by the time a buyer is found…
I suggest that you get the rest of your belongings from the home and try to get a separation agreement signed.
If you file a lawsuit you can ask the court to order that he sell the house.
The second mortgage company cannot foreclose unless the first mortgage company does so.
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We are separated and I have moved out. We do not have children together. We do not have a separation agreement. I still have belongings in the house to retrieve. We have 2 mortgages that are both past due and need to sell to pay them off, but he refuses to sign papers to sell. His credit will not allow him to refinance on his own. The 2nd mortgage is for less $ and behind further than the 1st mortgage, can the 2nd mortgage company foreclose on the house? Can he be forced to sign to sell so the house does not get foreclosed on?
Thank you for your help!