My ex-husband who was the bread winner walked out on me ,filed for divorce. I was left in the house we had bought together. We have two children who are staying with me. I do not know his where abouts, he stopped paying for the mortgage and now we are being foreclosed. it has been 10 months since the payMents.mortgage is in his name but the title is in both our names. I have been helpless scared confused and not knowing what to do. unfortunately i am contacting you late when the foreclosure is two weeks away. Though i do not intend to keep the house, i was hoping i would be given enough time to be able to find a place for me and my kids. The process went by so fast and now i am worried that soon me and my boys 6yrs and 13 yrs old will be out in the cold. Any help about bankruptsy?
Family Law Attorney
You hit on the answer I would suggest, which is to immediately find a bankruptcy attorney in your area.
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After foreclosure, if you are staying in the home, there's a six month waiting period in Michigan (I don't know what the waiting period is in MD) before the mortgage company may seek eviction. I'd advise calling around to a few local attorneys familiar with homeowner foreclosure defense or real estate to find out how much time you really have. I am a Michigan licensed attorney only practicing in Michigan.
Foreclosure in Maryland is a multistep process, but consulting a bankruptcy attorney is definitely a good place to start. If the event coming up is the Auction you still have some time to vacate the property. After the auction you are treated as a tenant holding over by law. The purchaser of the property has to proceed with an eviction after the sale is ratified. You could see if they would be willing to rent the property back to you for a period of time.
While every state and every bank is different, you can always try to contact the bank or the trustee representing the bank (many times the attorney's office that sent the foreclosure notice to you) and just ask them to postpone the sale date. Some banks and trustees will postpone a sale pretty easily if it is your first sale date. The only issue will be that if your name is not on the mortgage, they may not speak to you. Your ex-husband may be the one that has to makes the phone call or he can sign a third-party authorization.
If this doesn't work, then like the other attorneys said, usually the eviction process takes a little while. If the home is sold in 2 weeks, then an eviction action will have to be filed by the bank or the third-party purchaser. This process usually takes a while - I would ask a MD attorney about exactly how long an eviction action typically takes in MD. You can also try to negotiate time in the home as a renter, or there is also usually relocation assistance available. Some banks or third-party purchasers are willing to give the old homeowner a lump sum of money in exchange for a timely and peaceable exit.
Lastly, bankruptcy should stop the foreclosure sale from happening. However, be careful with this as you are not on the mortgage, so the house may not be a part of your bankruptcy filing. I would get with a bankruptcy attorney to find out if this is a viable option for you. Further, if you do not want to keep the home, there are usually other options. Maybe ask the trustee or bank if you can do a short sale or deed in lieu of foreclosure. It may be a bit too late for these options, but it never hurts to try. Good luck!