post fits into all forums-what a mess!
I co-own a home with ex (unamrried with child) who refuses to cooperate with any courts. family court ordered him to pay half of house payments until it sells. he didn't do it. i did make my half until mortgage copmany stopped accepting half-payments. last full payment was made in nov 2009.
ex filed chapter 7 bk, then converted to chapter 13. he indicated he wished to "surrender his interest" in the home we co-own. however, even after testifying in bk court that he would sign the quit claim deed to our home so that i could work on a loan mod with the lender, he refused. my adversary proceeding worked to get his bk dismissed, but I still do not have a quit claim deed, which is what the lender is requiring for me to complete the loan modification they offered through executive and investor approval.
The day after ex's bk was dismissed, the lender filed for foreclosure. I plan to ask for a time extension beyond 20 days with hopes that our family court Judge can convince ex to sign the quit claim deed, or at least the workout papers so that I can attempt a deed in lieu. Only one offer was received on the home, which was 70K less than what is owed.
Needless to say, this 2 year process has been stressful and VERY expensive. I have paid over 12k in attorney's fees.
I have a rental property that has about 27000 worth of equity. I have continued to make the payments for the property in case my kids and I have to move there. If we move there, how long must we live there in order to claim it as my homestead for exemption purposes (state of KY)?
I wish I could just sell the rental property and refinance the house we currently live in (get ex's name off), but my credit is probably destroyed by now bc of the missed house payments.
Should I move to the rental property and file ch 13? When should I file-now or post-foreclosure? Should I sell the rental property, rent an apartment for a year, and then file?
I am in a mess caused by ex's failure to comply with the courts' systems. It sucks. What should I do?
ex filed chapter 7 bk, then converted to chapter 13. he indicated he wished to "surrender his interest" in the home we co-own. however, even after testifying in bk court that he would sign the quit claim deed to our home so that i could work on a loan mod with the lender, he refused. my adversary proceeding worked to get his bk dismissed, but I still do not have a quit claim deed, which is what the lender is requiring for me to complete the loan modification they offered through executive and investor approval.
The day after ex's bk was dismissed, the lender filed for foreclosure. I plan to ask for a time extension beyond 20 days with hopes that our family court Judge can convince ex to sign the quit claim deed, or at least the workout papers so that I can attempt a deed in lieu. Only one offer was received on the home, which was 70K less than what is owed.
Needless to say, this 2 year process has been stressful and VERY expensive. I have paid over 12k in attorney's fees.
I have a rental property that has about 27000 worth of equity. I have continued to make the payments for the property in case my kids and I have to move there. If we move there, how long must we live there in order to claim it as my homestead for exemption purposes (state of KY)?
I wish I could just sell the rental property and refinance the house we currently live in (get ex's name off), but my credit is probably destroyed by now bc of the missed house payments.
Should I move to the rental property and file ch 13? When should I file-now or post-foreclosure? Should I sell the rental property, rent an apartment for a year, and then file?
I am in a mess caused by ex's failure to comply with the courts' systems. It sucks. What should I do?
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