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Intentional foreclosure of Matrim

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26Art View Drop Down
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  Quote 26Art Quote  Post ReplyReply Direct Link To This Post Topic: Intentional foreclosure of Matrim
    Posted: 18/May/2018 at 12:00
Hi,

I am divorced, 2 children, no property settlement or parenting orders in place as yet.

Ex has refused to move out of marital house for over a year to allow renovations and eventual sale.

Ex has slapped me with a DVO. No subpoena accompanied her application, only her affidavit on alleged acts of DV dated over 12months prior when I was still living in the same house.

I am broken. I am living with family, lost my job, in debt with solicitors fees trying to see my kids, seeing a psych due to restricted access to kids, and depression.

I have not paid mortgage. Bank has now sent a default notice. I am prepared to let the house foreclose...

...BUT...

1. Can the ex force me to sell the house through mediation process?

2. Can I refuse to sign paperwork to put the house on the market? If so, what reasons would be valid?

3. Can the ex claim that I intentionally let the house foreclose?

4. Can I be charged with economic abuse for letting the house foreclose due to having a DVO hanging over my head?

5. How do I let the house foreclose without it looking intentional?

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 18/May/2018 at 22:12
No, the mediation process is just that, only a court order can force you to sell.

However it is very foolish to put blocks on the sale of the house, the mortgagor can foreclose and sell the place if payments are not made and you will lose your share of the expensive costs that will be applied to sell in that way.

The occupier does not need to move out to renovate the place, painters and carpenters can work around people.

Suggest you forget trying to get back at your former partner, it will end up costing you money. Organise some basic renovations, painting and garden maintenance and sell this darn weight around your neck.

Start proceedings for a property settlement and proper child maintenance and visitation, and get on with your life, we are a long time dead, no point in dwelling in the past.

Luisa View Drop Down
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  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 22/May/2018 at 11:38
I agree with Joe. Forget about the rights and wrongs of the house. Focus on sorting access to your kids. Then focus on getting property sorted and that only needs a brush up and a sale. You don't have to force the ex out to do renos.

Luisa View Drop Down
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  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 22/May/2018 at 11:39
Also if the ex is living in the house they are responsible for repayments.

Master Dong View Drop Down
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 07/June/2018 at 16:49
Dude you need to get your balls back, your X is a psycho.

Stop paying solicitors, and make an application to the federal circuit court for parenting and property settlement immediately. You just need to self represent and get infront of a Judge and tell it like it is. Before that time you will need to have dispute resolution, mediation, etc. You will get 10 to 20 minutes infront of a Judge. Things will start to happen in your favour but its a painfully slow process.

NO! YOU WILL NOT be charged with economic abuse for letting the house foreclose !!!!!
I get threatened with economic abuse on a daily basis!!!! Its BS !!!!
Stop talking to your EX. Best thing I ever did. Only communicate with her in wirting about the kids. Never denegrate her.

In order to see your kids, go visit them at school. Buy them something cool and give it to them at school. Ask them if they would like to spend more time with you. If they say yes, collect them early from school one day. The Police will come after you, the Police will ask the kids if they want to stay with you (DAD), kids will say yes, then the Police will tell Mum to leave you to spend time with your kids.

Its normal to be depressed in a time like this, but it will pass. Your friends are so valuable at this time. I'm not sure if anti depressants is the way to go.

Last piece of advice, let the house foreclose!!!!! Find a girl friend. Find a job.. Get your life back together but get parenting orders URGENTLY before she turns the kids against you.


Where do you live?

26ArtAgain View Drop Down
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  Quote 26ArtAgain Quote  Post ReplyReply Direct Link To This Post Posted: 12/June/2018 at 19:03
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Edited by 26ArtAgain - 14/June/2018 at 15:55

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2018 at 01:31
To allow the mortgage company to foreclose and sell the house will cause you big losses. If it must be sold to satisfy the property settlement you are far better off doing this yourselves. A forced seller is only interested in getting their money back. If the place is worth more or can be cleaned up to bring in more, you are the only people to do that, the mortgage company do not have any interest in making any money for you, they only want theirs.

26ArtAgain View Drop Down
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  Quote 26ArtAgain Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2018 at 10:06
.

Edited by 26ArtAgain - 14/June/2018 at 15:56

DoogleMcFroogle View Drop Down
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  Quote DoogleMcFroogle Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2018 at 10:36
You cant be charged with DV is you refuse to sell. However - you may be liable for all legal costs and arrears as the court can order you to sell ( your refusal to sell will be deemed as hindering the property settlement )

If your ex is the the house - she is liable for the mortgage costs.

You can either agree to sort it out with your ex and sell, or both pay up the arrears so bank does not repossess and then you can sort property settlement.

Why are you refusing to sell?

Time to get stuff sorted - get shared custody, do property settlement etc....

26ArtAgain View Drop Down
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  Quote 26ArtAgain Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2018 at 10:46
.

Edited by 26ArtAgain - 14/June/2018 at 15:56

Master Dong View Drop Down
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2018 at 13:31
If you don't attend court, you better have a darn good reason, the courts hate having their time wasted and in some cases, they can close off the matter ex parte, which means, without one of the parties present.

I would attend court, but I imagine the decision will simply be to sell the property unless she were to convince the judge you were sitting on a considerable sum of the marital money, and give good reason why that marital money should be allocated to maintain the mortgage until such time as she is able to find a suitable rental property but I think this scenario is extremely unlikely.

I also do not believe a claim of economic abuse could be sustantiated. Keep paying what ever child support says you are liable to pay.
Don't give her any extra money at all. If you want to give her extra, do it after settlement, but not before. If you pay extra before, that will go down as spousal maintenance and you won't be able to claim that back at settlement.
This happened to a friend of mine, the home was sold and the money was stored in a trust until settlement. In that case, the woman falsely claimed the husband sexually abused the children. She tried every trick in the book to discredit the husband and this was recognised by the Judge when the Judge called her dispicable, but the Judge still awarded her the huge majority of the settlement money because Dad only saw the kids every second weekend. The kids have grown up and the kids have mental health problems as young adults.

26ArtAgain View Drop Down
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  Quote 26ArtAgain Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2018 at 14:24
.

Edited by 26ArtAgain - 14/June/2018 at 15:56

DoogleMcFroogle View Drop Down
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  Quote DoogleMcFroogle Quote  Post ReplyReply Direct Link To This Post Posted: 14/June/2018 at 14:13
Just don't pay the mortgage and the bank will due its due diligence in re-possessing.

Document everything you have tried to resolve in the past. ( document everything - I cannot stress this enough - keep a diary, keep emails, texts etc and do up your own timeline of events )

Also send the ex a letter that you can no longer afford to pay the mortgage on the property due to your financial responsibilities ( rent, child support etc... ) and that as she had you excluded from the house through a DVO and that she has had exclusive use of the house that she is responsible to pay the mortgage and catch up on arrears. Advise her that if she doesn't the house will be re-possessed.

Furthermore - if the bank does not claim back what they are owed, they will claim any shortfall from the sale from both parties.

Edited by DoogleMcFroogle - 14/June/2018 at 14:20

26ArtAgain View Drop Down
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  Quote 26ArtAgain Quote  Post ReplyReply Direct Link To This Post Posted: 14/June/2018 at 15:43
Awesome, thank you Doogle, and thank you to all who have responded. Your advice is much appreciated!

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