• Thursday, December 31st, 2009

foreclosure wage garnishment

Can my ex stop the foclosure & remove my name from the deed without my agreeing to it?

I co-own a home with my ex. He’s lives in the home and has allowed people to squat there for almost a year. He stopped paying the mortgage as of Sept 07, along with every other joint debt he had with me. Consequently, I was forced to file bankruptcy to stop garnishment of my wages. Now the mortgage co has filed a notice of default. My ex claims he’s now working with an attorney to stop the foreclosure and have my name removed from the deed. The only thing I can find on this is a filing a partition which means he’d still have to sell the home and give me 1/2 the equity I believe. Has anyone heard of this? Am I just out of luck because I filed bankruptcy on the mortgage? He seems to think so.

When two people own property and one does not agree to sell a suit for Partition can be filed. You should get half of the proceeds and your bankruptcy should have no effect on the sale.

foreclosure wage garnishment

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