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schnitzelkopf · Joined: 23 Feb 2009 Posts: 3 2.46 Dollars($)

I'm in desperate need of help. First let me say that I can't hire a legal aid/low cost lawyer. The only one for my county was hired by my ex in the divorce, so he can't help me now. I'm a German national and came to the states 7 years ago with my ex, who is on active duty in the Army. No,..they don't help me either because we are divorced. He dumped me here after 10 years of marriage with our 2 little boys. We got divorced in Nov. 2007 and he was awarded the house (deed and mortgage is in both of our names). The divorce decree states that he has to either refinance or sell to get my name off and pay half of my student loans with the proceeds. He has been court ordered twice since and listed it finally end of last year but it didn't sell. Now he is stationed back in Germany, he left without saying anything to anyone, not even our kids. I found out where he is at tho. So I called the mortgage company to see if he keeps up with the payments and they told me that he hasn't paid since Nov last year and that they foreclose in 2 months. I had no clue and since my name is still on all of it they get me too now. I can't understand how he can disobey 3 court orders, which were not only about the house, but also about a big lump sum he owed me, a vehicle, and some other things. And now he is out of reach, it seems like. The lawyer I had to hire for the divorce doesn't seem to be up on his feet, I did most of the research for him. I have no open bills with him but he still won't help me. I guess he doesn't know how to really handle it because of my ex being in the service. I don't know what to do anymore, I can't even get in the house and the mortgage company said that I can only get it awarded if I make all the outstanding payments. But why? My name should have been off that 6 months after the divorce. Is there anyone who can help me?

Niicss · Posted: Tue Feb 24, 2009 2:40 am Post subject:

Hi schnitzelkopf,

It is quite surprising to me that your ex-husband disobeyed 3 court orders. It would have better if you could have a filed a case against him for disobeying the court order.

As the mortgage is in your name, it will affect your credit score if the lender forecloses the property. Moreover the lender will also have the right to demand the deficient amount resulting from the sale of the property from you.

You can apply for a loan modification if you want to save the property. However, you should note that while giving you the new repayment plan through loan modification, the lender will add up the past dues which will increase your monthly payments.

Thanks.

schnitzelkopf · Joined: 23 Feb 2009 Posts: 3 2.46 Dollars($)

thanks for the reply. It is a surpise to me too that sombody gets away with that. But I think my lawyer didn't push the issue and I was too nice to push him. I didn't think I would qualify for a loan mod, I didn't live in the house for over a year. I wouldn't be able to pay for it either, after my separation I started going to school to be self-sufficient, getting a BA in political science. So I'm living off child support and a student loan, my school is paid from a presidential scholarship.

gmakerley · Posted: Tue Feb 24, 2009 9:05 am Post subject:

schnitzelkopf, you would be well-served to seek out another attorney - i know you said you cannot afford one, but in my opinion, you must find a way.

i would also suggest that you make an effort to speak with someone in the military concerning this. the army doesn't like soldiers who have messy personal lives, and there may be a way in which to gain compensation for your former husband's failures.

schnitzelkopf · Joined: 23 Feb 2009 Posts: 3 2.46 Dollars($)

I was up many nights till early morning to make phone calls to the German base he is on now. But all I'm getting to hear is " You are divorced, the military has no more ties to you". I know this all sounds unbelievable but I'm running into walls for almost 2 years now and time is closing in. I called every number for legal aid available in this state, but as I mentioned before, there is only one attourney for my county that provides low cost service and he was my ex's attourney (he didn't even pay him before he took off). I went into the court records online and also found open cases where he is ordered to show up in court (he owes big money to many places). I made the military aware of this many times and provided documents for it too. But again, I'm divorced and they don't even have to speak to me.

gmakerley · Posted: Tue Feb 24, 2009 9:23 am Post subject:

you ought to be able to get at least a free consult with another attorney in the area. call around and see if you can speak with one - hopefully someone with a compassionate heart.

msnover92571 · Posted: Tue Feb 24, 2009 3:07 pm Post subject:

In this situation yes i would get a lawyer in this case. You can talk to one for free to evaluate your case.

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HELP!! Ex left the country/military