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Foreclosure and Bankruptcy

My stbx has not paid child support or anything else in the past 2 months. My attorney is drawing up papers to drag him to court. In the meantime the mortgage (which is in my name only) is 2 months behind, making me 1-2 months away from foreclosure. We have credit card debt (lots in my name only) that I will be responsible for. He is self-employed and we are unsure what his actual income is. Gotta love that! My attorney has been trying for a month to contact his attorney but no phone calls have been returned. Hmmm...thus the necessity of the court date. I will most likely be filing bankruptcy. I will be moving out of the home at some point in any case. (My stbx is living too close!) I have an appointment with a bankruptcy attorney next week. I visited with someone today that suggested I let the home go into foreclosure rather than trying for a short sale or simply putting it on the market. If I were to file for bankruptcy before the sheriff's sale that would give me a little additional time to arrange housing, etc. I feel a need to clarify that I am not a free loader. I have NEVER missed a payment on anything in all my life (43 years) and this goes against every grain of what I believe. If I can get out from under the debt I will be able to make ends meet. This is making me physically sick and I cry over it everyday. However, I have two beautiful children that need me. Obviously we cannot depend on the stbx for support. Has anyone had any experience with the foreclosure/bankruptcy thing or know someone that has?

Re: Foreclosure and Bankruptcy

I am not in foreclosure, but my son is. He and his wife got behind in their payments a year ago, but kept sending in the payments for a year. They kept getting letters - one would say they are foreclosing and the next would say they are not in foreclosure. The loan was even "restructured" at one point - for $400 a month more than it had been in the first place! Anyhow, they kept up with all the payments except the original ones when this first started. They finally got a letter that said that yes, they were definitely in foreclosure. All of their payments they made over the last year are forever lost to them. They really tried, but the bank foreclosed anyhow.

Re: Foreclosure and Bankruptcy

Becky, it is good you have the attorney. They know the routine & will guide you, telling you what to do & not to do. In bankruptcy, they will give you paperwork that explains everything (again what to do & not to do).
I also had excellent credit rating, until the divorce, when ex didn't pay on his part of divorce decree. I have had to deal with all of the mess.
It is very taxiing, but know that God Is With us.
He Carries us through.
I'm not sure about how foreclosure works, but if you are working with an attorney, they can guide you, as that is what they are there for.
Remember that God Is our Judge. So even though it seems we are being held accountable for our spouse that they are not doing their part, God Is The Ultimate Judge.
Once you get plugged in with attorney & things start rolling, I think you will be able to relax. Also, know that all works for HIS GLORY!!! When we do as it says in Matthew, to not worry, things will work out in time.
I was thinking too about how in life, as adults, we are teachers & students. We become teachers in areas that we have experience, knowledge. We are students in areas that we are adjusting to. Of course God is The Teacher / The One With All The Answers, but in this world we are continually learning.
It is Hard to ask for help, to have to start over Again, however I believe that this is what life is about, the continual lessons, then achieving.
I don't much care to be a, "student," in this divorce thing.. it is overwhelming. I have enough time in, to see Signs from Heaven in it, & believe that with HIM I will be ok.
It's awesome that you have your kids, that you see where you are solid & make a difference. I think this is so important in our healing.
OH, I have read too that one's home is SAFE in a bankruptcy. Be sure to check this out with your lawyer!

Re: Foreclosure and Bankruptcy

I think this explains some of the protection of a home in bankruptcy.

protection from foreclosure in bankruptcy:

http://www.nolo.com/legal-encyclopedia/article-29631.html

Re: Foreclosure and Bankruptcy

Thanks for your responses. We'll keep plugging away one day at a time.