Tuesday, August 2, 2011
If a married couple has a home in foreclosure and separate and one moves what are the consequences?
Couple has been in foreclosure 3 years because husband won't or can't get a job. The wife wants to move as the house is falling apart and they can't afford repairs. With the little money saved she wants to go rent. The husband keeps playing games with the bank and prolonging the foreclosure because he doesn't want to work and keep living "mortgage" free. Wife leaves but her name is still on the home. What happens if husband stays behind? Can he move in roommates without her permission? Example: he gets friends to move in and enjoy the "mortgage" free living. Can the wife have a say since her name is still on the property? The wife has even called the bank to come take the property and the system is so screwed up they just keep asking if they want to modify or short sale. I guess the system is backlogged even begging a bank to foreclose. Wife wants name off property immediately and has filed bankruptcy. Husband has done nothing. They tried to short sale but then he told the realtor to hold off. He says he is going to list the property as a short sale when the bank moves for summary judgment therefore buying more time and wife is fed up and thinks he has lost his mind. Any insight would be helpful?
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