My ex-husband bought our house while we were married, but solely in his name. We divorced and the court ordered him to pay the house payments and allow my 2 boys (which aren't his) and I to live in the house until August 2012. Well, he didn't make any payments and the house went up for auction last Thursday and was bought back by the bank. I called the mortgage company and they said since I am not a bona-fide tenant, I do not have the 90 days (foreclosure act) I am supposed to have to vacate the property. They gave us a 2 week notice! How do I find out if I am legally considered a tenant? Help please!
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What are my rights?
- Thread Starter blu840
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army judge
Super Moderator
You're a tenant, but that'll have to be decided by the court.
You don't have to voluntarily leave.
If you stay, the only way they can legally get you out, is to evict you.
To do that, they'll have to bring an action before the appropriate court.
If they go that route, it'll take six to nine weeks to conclude, maybe more if you resist.
Your husband's failure to obey your divorce decree is your defense.
But, the court that ordered him to pay, will have to be where you argue that.
However, his failure to pay, is your defense insofar as the bank's potential action against you.
You have a mess.
The best you'll get is another six months.
I suggest you start seeking new digs, and get out during the bank's potential action against you.
You don't have to voluntarily leave.
If you stay, the only way they can legally get you out, is to evict you.
To do that, they'll have to bring an action before the appropriate court.
If they go that route, it'll take six to nine weeks to conclude, maybe more if you resist.
Your husband's failure to obey your divorce decree is your defense.
But, the court that ordered him to pay, will have to be where you argue that.
However, his failure to pay, is your defense insofar as the bank's potential action against you.
You have a mess.
The best you'll get is another six months.
I suggest you start seeking new digs, and get out during the bank's potential action against you.
disagreeable
Well-Known Member
IMO, follow AJ's advice.
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