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How I can save my MPDU house if my name is not in loan and I'm in separate my husband don't want help ?

Clarksburg, MD |

my husband name on loan and I'm just in deed he didn't pay morge from jan 2010 .we r in separated .he didn't share it with me .i got the protection order from court .hes not living in my house I want save my house but bank not gaving me ant information till he write letter to the bank and he don't want do that.how I can save my house I have 12 years old son we r so upset.where I have to beginning to do and save my house?

No I can't but judge told me if I can save or have to move and rent he have to pay me now he's paying $900 but the bank not gaving me any information .and I have my name before loan on house.

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Attorney answers 3

Posted

If you are on the deed, is it safe to assume that you were part of the MPDU qualification process? Or did you add it on after you settled on the MPDU?

If you were on from the beginning, you are a qualified party. Your attorney should manage the property through divorce, and you can continue making payments until you refinance the property.

Are you able to afford the current mortgage on your own?

Asker

Posted

No before settLed and I'm not able to afford by my self but the judge told me in protection order court if I save or lose the house and have to rent he's gonna ask him more money right now he's paying $900 in month as emergency family.

Asker

Posted

How I can deal with bank when they cant gave me about loan information

Robinson Sean Rowe

Robinson Sean Rowe

Posted

The Judge will definitely include any mortgage payment in the Emergency Family Maintenance... but that is only temporary (for a year), and doesn't support your longterm goal of keeping the house... unless you're only interested in keeping it for a year (realistically, you pay for a year, and if you stop paying, it will likely be another year to 18 months before they institute foreclosure). That being said, how do you plan on keeping the house after the family maintenance runs out? You'll need a full consult with an attorney to determine how much you can expect to receive in a divorce... and to figure out if that will be enough for you to continue possession of the house. What information do you need from the bank? We can reverse-engineer your loan if you know the terms. Public records will show the amount, and if you calculate the payments, you can figure out the amortization and loan term to a fairly accurate degree. But what is that worth? The main problem is to refi this house in your name, or have a divorce order grant you the property correct? What kind of loan information do you need?

Asker

Posted

My name just on deed not on loan .can I just pay monthly morge .is that gonna help to keep my house? I just have loan # and bank name my English is not perfect and I don't know the law .he hit me I got protection and looks like he's going to put the house in short sale because he didn't pay from Jan 2010 almost lots of money he owe from bank .i called bank they says loan in his name we need letter from hom to gave u info about the loan and he's not gaving me that letter.

Robinson Sean Rowe

Robinson Sean Rowe

Posted

He cannot shortsale the property without your permission. If you are on the Deed, it would require your signature to transfer the property to anyone else. Also, your sales options are limited b/c you are bound to your MPDU agreement with the County. If nothing else, you should at least get the court to order the full mortgage amount (if it has not already done so) and send that money to the lender. It may temporarily delay any foreclosure, and ultimately, you are just forcing the ex to pay mortgage.

Asker

Posted

If loan is not active. And he didn't pay from Jan 2010 .can I still pay morge monthly till find some way to take his name off from loan and deed in divorce court?

Robinson Sean Rowe

Robinson Sean Rowe

Posted

Please call my office on Tuesday. I have to explain to you the difference between a Lender's Rights through a collateralized loan, as opposed to the Owner's Rights. It should take about 15 minutes, and I'd be happy to answer all of your questions.

Posted

File bankruptcy, either chapter 7 if you wish to surrender the property or chapter 13 if you wish to retain it.

Posted

If your name is on the Deed to the house, any bankruptcy filing will stop a foreclosure sale by the bank. If you want to keep the house, a Chapter 13 bankruptcy case would give you a chance to begin making the regular monthly mortgage payment but you would also have to have a budget with some money left over each month to pay to the Court in order to repay over time (perhaps over 5 years) the mortgage payments that were missed -- called an "arrearage". I have practiced in the field of bankruptcy law for more than 33 years.

This response is not legal advice and does not create an attorney-client relationship between you and my office. At this point in time, I am not your attorney and you are not my client, nor does this response substitute for an in-person or telephone consultation about your specific legal issue. If you wish, please contact my office at 410-625-2300 or by email at mkivitz@aol.com. I would be pleased to discuss your concerns.

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