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    In trouble...

    I am almost afraid to talk about my situation... for a long time I have not acknowledged it and the shit has finally hit the proverbial fan. So here goes.

    I am a young, married woman, who has blindly turned the other way for a while now. I love my husband (who will now be referred to as "R."), but he has the tendancy to do things on the spurr of the moment and get into trouble. I had excellent credit before our marriage. We bought a house in October of 2002 through a rural development program where you don't need a down payment. A little over a year later, R. decided that he wanted to move 1800 miles away- no good reason, he just wanted to. I didn't want to move, because I really liked the house, and didn't want to leave my family. However, I would've sold the house and moved anyway, since he wanted to so bad. The problem was, R. didn't want to wait however long it would've taken to sell our home. He was leaving in a two months, and I could go or stay behind by myself, he told me. Of course I didn't want a divorce over this, so I decided to go. R. found some people who were willing to rent our home for a while, that way if we decided to come back we'd still have the house. They signed a year's lease with us and we had it notarized.

    So now, we are in foreclosure and thinkiing about filing BK, but there are people living in our house and I am worried about a law suit. They have been paying their rent to us (although late most of the time), but R. handles all the bills and unbeknownst to me he has not paid the mortgage in over two months! If I were our tenants, I'd be outraged. I don't know what to do.... having to file BK is bad enough, without the added embarassment of others getting hurt as well.

    I did not intend for this to be so long, it just feels good to talk about it!
    undefinedundefinedundefinedI'm Jessica, and I approve this message.

    #2
    At this stage all you can do is notify your tenants of your intent to file BK/Foreclosure. Send them a certified letter stating such, you can also notify them by phone prior to them recieving your letter. If at possible, offer them as much time as possible to vacate the premises. 90 to 180 days notification is typical.

    Good Luck!
    The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

    Comment


      #3
      I have sort of a similar situation. We bought a new expensive house without selling the other one. I rented the old house and I have a tenant in there till March 05. I don't have a job now and we're thinking of filing BK on both houses, moving to Chicago, near family, since my husband is already out there working and only home every 2-3 weeks.
      I was told by my lawyer that I didn't have to tell the tenant anything, since I won't be done with BK until probably Aril anyway, and she'll be out of my house at that time.
      Is this OK, Todd?
      Edyta...
      Discharged April 2005

      Comment


        #4
        That is correct, if you had the tenant sign a lease, this sort of thing should have been included in it.

        Good Luck!
        The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

        Comment


          #5
          Paying rent.

          Originally posted by jessibear
          I am almost afraid to talk about my situation... for a long time I have not acknowledged it and the shit has finally hit the proverbial fan. So here goes.

          I am a young, married woman, who has blindly turned the other way for a while now. I love my husband (who will now be referred to as "R."), but he has the tendancy to do things on the spurr of the moment and get into trouble. I had excellent credit before our marriage. We bought a house in October of 2002 through a rural development program where you don't need a down payment. A little over a year later, R. decided that he wanted to move 1800 miles away- no good reason, he just wanted to. I didn't want to move, because I really liked the house, and didn't want to leave my family. However, I would've sold the house and moved anyway, since he wanted to so bad. The problem was, R. didn't want to wait however long it would've taken to sell our home. He was leaving in a two months, and I could go or stay behind by myself, he told me. Of course I didn't want a divorce over this, so I decided to go. R. found some people who were willing to rent our home for a while, that way if we decided to come back we'd still have the house. They signed a year's lease with us and we had it notarized.

          So now, we are in foreclosure and thinkiing about filing BK, but there are people living in our house and I am worried about a law suit. They have been paying their rent to us (although late most of the time), but R. handles all the bills and unbeknownst to me he has not paid the mortgage in over two months! If I were our tenants, I'd be outraged. I don't know what to do.... having to file BK is bad enough, without the added embarassment of others getting hurt as well.

          I did not intend for this to be so long, it just feels good to talk about it!
          one says give them enough notice to leave the house, tech. they
          did nothing wrong, unless they are willing to leave. if they are forced to leave by not being their fault, they have a civil case, at most the expense of
          having to find another place. remember, this is your fault, not theirs,
          I would not take it laying down myself. I know crap happens, but
          in end you are responsible..

          I enjoy reading some of these posts that say "my attorney said it was submitted" listen people, I dont give a crap what your attorney boy says, in the end you are at fault for not following up on what the attoney says, if you listen to him, then in six months you wonder why you are out on the street, point the finger at you. WHAT EVER YOUR ATTORNEY SAYS HE DID, FOLLOW UP!!!!

          DONT BE LAZY, CALL THE COURTHOUSE AND MAKE SURE YOUR
          ATTORNEY DID WHAT HE SAID HE WAS GOING TOO.

          Comment


            #6
            Why not offer the renters an opportunity to buy the house first. Your morgage company would probably be very willing to help them get a loan considering you plan to BK on them. You become a hero to both parties

            Karmrd

            Comment


              #7
              Actually that's exactly what I did, my tenant was very very happy.
              Edyta...
              Discharged April 2005

              Comment

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