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I just found out that my husband has let his exwife and 2 minor children move into a property we own that is currently on the market for short sale and pending forclosure. Can I be held legally responsible?

gmakerley · Posted: Thu Jun 16, 2011 12:04 pm Post subject:

What are you concerned about being "held legally responsible" for? Is it the mortgage that's owed? Is it the property that the two of you own? Both of those are already obligations of yours anyway.

Are you concerned that the woman and the children might trash the house? I'd have to believe that you couldn't be held responsible for that sort of activity...that still gives you the opportunity to blame your husband if it happens, though.

Honestly, without being flippant, I don't quite grasp what it is that you're concerned about, other than the possible "too close for comfort" feeling that you must have about this arrangement.

Guest

My worry is that she in deed will trash the house, of that I am certain. I just found out that a short sale was accepted and the house is now sold. I think we will have difficulty too getting her out of the property.

gmakerley · Posted: Thu Jun 16, 2011 7:12 pm Post subject:

So that makes me quite certain that all is well with you and your husband, of course.

Sorry...but here's a thought - if he's so willing to let her stay there, what would be her motivation for trashing the home? He's apparently got enough faith in her peacefulness to consider that not an issue, right?

Maybe he's just lost it? I don't know what to tell you here...getting her out will be difficult only if she refuses to go; but you can always begin a legal action - like an eviction - to necessitate that. Not pleasant, but it'd work.

He needs to get her straight one way or the other; that's the key.

adonis · Posted: Thu Jun 16, 2011 9:16 pm Post subject:

Hi ksnlpn,

Once the property is sold off, she will receive an eviction letter from the lender. She will have to move out of the property within that given time period or else, the lender can legal steps in that regard.

Guest

So the lender/new owner has the option to do it? Or am I going to be expected to do it?

gmakerley · Posted: Fri Jun 17, 2011 3:38 pm Post subject:

Did the lender know about the situation before the short sale was approved? Did the sale actually already take place, i.e. is the new owner in possession of the home? You and your husband are the owners until such time as you have a closing and turn the keys over to the buyer(s). It's your responsibility, frankly, in my opinion, to remove or cause to have removed anyone who resides in the home. When you sell, you are presumably giving the new owners a vacant home into which they can move. The lender may have resources to assist you (and maybe not), but it's not their responsibility as they're not the owners.

You ought to have legal representation at this point, and your legal representation can assist you in doing what you need to do. Have you spoken with a lawyer?

Guest

I am just trying to figure out what to do. My huband did this behind my back, another problem to take care of otherwise. Said it would be "just a couple weeks", after 3 weeks apparently she needs 2 more. There has not been a closing yet but it is under contract, I can't imagine the buyer knowing about it and agree to purchase it if they did. According to my husband, he believes she will be out but I know better! I just don't want to be held responsible for something I had no part in.

gmakerley · Posted: Sat Jun 18, 2011 6:49 pm Post subject:

Unfortunately, if this property is owned by you and your husband jointly, you're responsible for matters that concern the house. Hopefully, there won't come a time when you need to stand up and make a concession or redirect the arrows that could potentially be launched.

Perhaps you'll agree that now is the time for you to not just put down, but stamp down your foot and insist that the ex-wife be required to move immediately. After all, without that you face other issues down the road. It behooves you to make that imediate move rather than face problems that could arise afterwards.

Guest

After long discussions with my husband, he is delusioned to the idea that the bank will NOT take the house back with someone living in it. Nor does he think that her prescence will affect the sale that is in progress. I'm ready to tell him to move back into the dump, that is uninhabitable, with his ex and 2 minor kids. This would make for a good Jerry Springer show!!!

gmakerley · Posted: Mon Jun 20, 2011 8:17 pm Post subject:

It sounds like a kind of mundane Springer show, though. Can't you work a little violence in there, or maybe a stray kid that nobody knows the parentage of?

Yes, I'd have to agree with your assessment - your husband is apparently delusional. Does he some sort of crush on his ex-wife remaining from their days together? It's almost like he's trying to work out something with her.

Guest

In the MLS system....how long does a realtor have to change the status in the MLS to pending or sold?

gmakerley · Posted: Mon Jul 04, 2011 6:08 pm Post subject:

I'd have to defer to a realtor on that question - we don't get many up here on MortgageFit, though.

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