in foreclosure

[stressed out]

I have a home that thru a divorce I was awarded the home but I was also awarded that my ex pay the sum of 1550.00 until the resident property sells. It has been on the market with a realtor since may with no takers. I have since bought another home prior to going in default on this home due to when I started inquiring about rental noone in my area was willing to except someone with a foreclosure and I don't have anywhere else to go I am a single mother with 2 children. I have a stable job and i am paying my new mortgage on time but have been try to get the other property mortgage company to send me eithier the paperwork for a deed in lieu of or short sale paperwork and they have been very difficult also my ex husband is on this mortgage with me he has not paid try to pay or has any intention of paying any money. I know this house is going to go to foreclosure and i know my credit is going to suffer but there is nothing i can do about it at this point there was no way for me to try to keep the home it was way to large and to expensive. I live in Delaware and my concern is can they attach any liens on my new house since it is my primary residence and is there anyway I can avoid this my ex owns about 5 properties in CA and doesn't live in any of them could they really come after just me and my only house. Just looking for some answers if any one can help I appericate it.

[Mary Salzer]

Welcome and thank you for joining the forum....

I am a little confused you bought a house before default on the old home because no one would rent to you with a foreclosure on your record. Now I am really confused...how could you buy a home and not rent a home if you had a foreclosure.....Please help me understand this one....you alos have more than one residence that could possibly be a primary residence.....that you were living in free since the ex was paying it. Before it was sold or able to be sold you bought another home to avoid a default on the one that your ex was supposed to be paying on. None of this is very sequitor,...,in other words does not follow any sensible decisions.

I really think that you need to contact an attorney on this issue and the issues of all of the other homes and potential exposure and risk.

[stressed out]

My ex was not paying for the home he was only ordered to pay half of the mortgage. The total mortgage was 2900.00 a month not including taxes and insurance. He never paid me a dime and I am still seeking a judgement against him. I was paying the mortgage in full until dec. I decide to purchase another home prior to defaulting on the marital home due to people in my area when I inquired about renting after the hopefully sold or went to foreclosure and most of them told me that they would not rent to me. I have spent all of my savings and max my credit cards trying to keep this house a float until it sold. Avelo is my mortgage company and would not even speak with me about anything until i was at least 30 days behind the mortgage is also a 2/28 that is due to adjust in aug. So the reason I moved out is there is no way i could ever think of keeping this house or even refi the house due to the fact my ex made most of the money. I have tried to get a short sale started and also have asked several times for deed in lieu paperwork and they tell me no. I really need to know how I can protect the new home I am in from being taken if this house goes to foreclosure. My ex has 2 properties in CA that are in his name 1 has 5 bungalows on it and the other has 1 single family home neither one he lives in so since he is still on mortgage to why wouldn't they go after some of his properties and not just mine but they haven't even tried to contact him since all this started in dec.I guess they figure they have me. I am not really trying to get over I have sunk every penny I have into this house just trying to keep it until it sold I am a single mother with 2 kids and I am just trying to provide a stable home I owned a home prior to this marriage for 7 years and never made a late payment. He put me in a situation I had no choices.

[Mary Salzer]

I am so sorry that you are experiencing this but this is beyond our expertise, you really, really need an attorney and need to retain them to protect yourself in this situation. At the same time, buying another home during this period of time was not a really well advised choice...they would have rented to you if you had no foreclosure on your credit report at the time you were inquiring...how you purchased another home with the prospect of foreclosure pending on another is sort of mysterious to me....

But all in all you have to seek legal counsel for this matter, it is really beyond our expertise and we can not advise legally on this forum.

They will only go after the property in distress, not his other properties if the payments are current on them. Please seek legal advice on this matter, immediately. There is nothing that we can advise you at this point in order to assist you as the problem is legal and far to complex for our forum to address.

[stressed out]

I have a lawyer that is working on the divorce and trying to seek the money owed by ex that I was already adwarded and I have spoken to him about this he is going to speak with a real estate attorney in his firm about it. But you also stated that they would not go after his other property just the property in distress why woud they go after my other property then if it is current?

[Cat Damiano]

Stressed, you need to just ask the attorney the questions that you have pertaining to your situation as we are not attorneys and therefore can't offer any advise to you moving forward on your situation.....
I do hope everything works out for you......
All the Best