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NEED ADVICE ASAP bank might take over the house

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  • NEED ADVICE ASAP bank might take over the house

    Hi guys,

    I need advice asap. me and two small children were living in the matrimonial home and father was asked to move out because of his bail condition. the father was not paying any kind of support (CS) however he was paying the mortgage and I was responsible for the maintenance. few months before he start saying that he is having trouble paying mortgage and wants to sell the house. we had a motion in which judge ordered him to start paying the CS and SS right away and list the house in XYZ days.

    now the problem is that he is not paying CS/SS. I m looking for a job.(so currently have no income) and now i receive a letter that the father did not pay any mortgage for the last three months and the bank is taking legal action against us. My name is not on the mortgage and where ever i call no once is willing to talk to me. however since its a matrimonial home my name is on papers.

    Please I need advice. what can I do . how can I protract my self and children. what option do I have? can I take any legal action. Like bringing a motion and letting the judge know that father is not following any of the order? Please I need sincere advice. I am already emotionally drained so please no sarcasm.

  • #2
    I don't have much advice however, if the bank is taking legal action going to court to explain to a judge will not do much. The bank wants their money and unfortunately your ex being ordered to pay the mortgage is not their problem. I would suggest finding a cheaper place to live for now, as it appears the bank is not waiting. Have you registered your agreement with FRO? Has there been any action that way?

    You obviously need to find somewhere else to live, unless you can make up the mortgage payments immediately, which is doesn't seem you can. Court is going to take longer than you have to pay the mortgage and save the house.

    Sorry to hear you are going through this!

    Comment


    • #3
      1) you said a judge ordered him to start paying CS/SS. If you have a order, then file it with the FRO to have them enforce it. (if your not in ON I believe each province has some sort of maintenance enforcement program).

      2) your going to either need to list the house ASAP or let the bank take it over and then any shortfall will be split 50/50 between you and your ex. Either way it's time to start looking for a new residence. (Considering you stated you aren't working, I don't think you'd be able to buy him out of the house)

      Comment


      • #4
        we have filed the order with FRO and it will take 3-4 months I was told. but my question is that Can I bring an emergency motion and ask the judge to make the father start paying the cs since he is not paying mortgage. or pay the outstanding mortgage.

        Comment


        • #5
          I don't believe so.

          You already HAVE a order. A judge will tell you to file your order with the FRO as they are the "enforcement" department. As much as it sucks ... your just going to have to wait for the FRO to do there job

          Comment


          • #6
            Perhaps you can borrow from family/friend the immediate shortfall in mortgage payments (you mentioned it was 3 months), and figure out some "boarder" situation, where you could collect some rent money from a boarder for a few months to help make mortage payments going forward, until you sell house, or figure out what you are doing a few months from now. Or are you not able to apply payments because you are not on the mortgage?

            If your court order is filed with FRO, perhaps it would start coming to you by that time?

            Sorry to hear about this.

            Comment


            • #7
              Originally posted by dad2bandm View Post
              Perhaps you can borrow from family/friend the immediate shortfall in mortgage payments (you mentioned it was 3 months), and figure out some "boarder" situation, where you could collect some rent money from a boarder for a few months to help make mortage payments going forward, until you sell house, or figure out what you are doing a few months from now. Or are you not able to apply payments because you are not on the mortgage?

              If your court order is filed with FRO, perhaps it would start coming to you by that time?

              Sorry to hear about this.
              the problem is no one is willing to talk to me. the Bank or the other lawyer from the bank. After telling them that not only me but my two small children are living in the and their future depends on this and I cant contact the father because of no contact bail conditions. then the banks Lawyers assistant said to call her after 1-2 weeks and she would let me know if he is making any payments or any arrangements for payment.

              Comment


              • #8
                Send them a registered letter which includes the court order stating that Mr X is responsible for the mortgage payments and is presently in contempt of court. Explain to them that you have been awarded exclusive possession of the Matrimonial Home in the Interim. (always good to have written proof that you tried to negotiate with them).

                Depending on how much equity you have in the home, Banks aren't likely to foreclose immediately. In Quebec foreclosures must go through the court system and you will be given due process (plenty of time to make arrangements with them or your Ex).

                If you have a lawyer, have him/her sign the letter.

                I had a similar problem last year, and I told the bank that I would go public on this if they tried to evict a domestic violence survivor - that shut them up and they agreed to wait until the trial settles the issue of the home.

                Comment


                • #9
                  Get a job and find a more affordable place to live.

                  CS and SS as you are learning are not reliable income and welcome to family law, ALL parents are expected to work to the best of their ability to support themselves and their children, even if they haven't had to before.

                  Be ready for a rocky ride for the next 5 years.

                  Comment


                  • #10
                    One small suggestion: don't phone, go to the bank in person and say you want to talk with someone about the mortgage on your home. Bring all your documents with you. If you don't get in to see someone right away, make an appointment to come back. It's often much easier to work out a solution in person than over phone/email, where it's easy for the bank employees to just say "we'll be in touch" or "give us a call in a few weeks".

                    I don't think a bank will foreclose on you immediately (as Janibel says it's a long process), but it sounds like you can't afford to keep the house, so your best bet may be to arrange with the bank to buy enough time that you can sell the house and move somewhere more affordable (or rent).

                    Comment


                    • #11
                      I agree with Janibel.

                      You could speak to bank manager and offer to make a small payment to avoid foreclosure.

                      Either way you are not staying in that home. Either the bank is foreclosing or it will sell and you have to move.

                      I don't know about the emergency motion. Go to the Court and find out when the FLIC has hours and talk to a lawyer there to see what forms you can file on an emergency basis.

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                      • #12
                        when was the house suppose to be listed?

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                        • #13
                          If your ex is not paying the mortgage then it simply give him less excuses for him not to pay you support. This is something that you now have documented and I'm sure it will come back to haunt him in the future.

                          You should look for another place to live. Make sure that you are maintaining your utility payments while you are in the home as that can be a big problem for you when you move (you would be required to pay a sizeable deposit at the next place and make up what you owe).

                          Comment


                          • #14
                            hey guys thanks for the response. Bank is refusing to talk to me since my name is not on the mortgage. Bank's lawyers are refusing to talk to me as well. I don't want to keep the house but sadly i can't do anything about it since ex's name is on the title only.

                            Comment


                            • #15
                              Originally posted by standing on the sidelines View Post
                              when was the house suppose to be listed?
                              the judge order him to listen the house in 2 months time.

                              Comment

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