We are having trouble getting information on what to do in the situation in which we find ourselves, and I’m hoping to draw on the collective wisdom of this amazing community.
Here’s the situation (we are in California):
As part of my DH’s divorce agreement, he gave up his interest in the family home in exchange for a payment, secured against the property, that was to be paid by his ex-wife by February of this year. His ex-wife has a history of non-compliance with court orders, and is fiscally irresponsible. She’s been in bankruptcy and the house has been in foreclosure proceedings a number of times in the 5 years since the promissory note was signed.
DH recently filed with the Court to have the property sold (as stipulated in the promissory note) for non-payment. Out of curiosity, I googled the address and discovered that it is in pre-foreclosure again. We called the company managing the auction, and were told that DH should get his name on the list of creditors in line for surplus funds, should the sale go through. The auction date is in mid-January 2025.
We learned yesterday that the ex-wife is planning sell the property herself before the auction, and is acting as her own agent. In defiance of the court order, she is not involving DH in the process and has not mentioned paying the money owed. We don’t know if the bank that is foreclosing on the house is aware that she’s trying to sell it on her own.
If she sells the house and gets the money, there is ZERO chance that she will just pay him the money owed. (We were actually hoping that it would go to auction, as that seemed like the best chance of recovering the money.)
What recourse does my DH have in this situation?
•Should he contact the company managing the auction and let them know that she’s trying to sell the house herself?
•Does the Deed of Trust that is on file affect her ability to sell the house?
•Can he work with whatever Title/Escrow Company being used for the sale to ensure that his money is set aside in escrow? He’s asked her for the name of the Title and Escrow Company she is planning to use for the sale, but she has not responded to the request.
•If she continues to be non-responsive to DH’s requests for information, can he file some kind of order to stop the sale?
Thank you for any thoughts or advice you may have on this confusing and stressful situation!
Here’s the situation (we are in California):
As part of my DH’s divorce agreement, he gave up his interest in the family home in exchange for a payment, secured against the property, that was to be paid by his ex-wife by February of this year. His ex-wife has a history of non-compliance with court orders, and is fiscally irresponsible. She’s been in bankruptcy and the house has been in foreclosure proceedings a number of times in the 5 years since the promissory note was signed.
DH recently filed with the Court to have the property sold (as stipulated in the promissory note) for non-payment. Out of curiosity, I googled the address and discovered that it is in pre-foreclosure again. We called the company managing the auction, and were told that DH should get his name on the list of creditors in line for surplus funds, should the sale go through. The auction date is in mid-January 2025.
We learned yesterday that the ex-wife is planning sell the property herself before the auction, and is acting as her own agent. In defiance of the court order, she is not involving DH in the process and has not mentioned paying the money owed. We don’t know if the bank that is foreclosing on the house is aware that she’s trying to sell it on her own.
If she sells the house and gets the money, there is ZERO chance that she will just pay him the money owed. (We were actually hoping that it would go to auction, as that seemed like the best chance of recovering the money.)
What recourse does my DH have in this situation?
•Should he contact the company managing the auction and let them know that she’s trying to sell the house herself?
•Does the Deed of Trust that is on file affect her ability to sell the house?
•Can he work with whatever Title/Escrow Company being used for the sale to ensure that his money is set aside in escrow? He’s asked her for the name of the Title and Escrow Company she is planning to use for the sale, but she has not responded to the request.
•If she continues to be non-responsive to DH’s requests for information, can he file some kind of order to stop the sale?
Thank you for any thoughts or advice you may have on this confusing and stressful situation!
Statistics: Posted by inforapound — Wed Dec 18, 2024 9:07 am — Replies 14 — Views 334