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Mortgage foreclosure on house with separated wife

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  • Mortgage foreclosure on house with separated wife

    Hello Everyone,

    My wife and I have been separated for 9 years now. Myself, my separated wife and her mother applied for a mortgage together for a house that we owned. Since 2011, when I left her, I have been trying to get her to re-finance the house just under their names or sell the house. I wanted my name off the mortgage and wanted nothing to do with the house so that we can have an easier divorce. She's refused to do so.

    This year I found out that my separated wife (I'll be calling her my ex to make things easier) and her mom have been forging my signature to renew the mortgage. I reported this to the bank that we went through. Now the bank would like to foreclose on the house because she violated the mortgage agreement.

    The problem is, I am also a defendant in this case, but I don't want the house or any money from it. They've given the ex and her family an extension on the deadline to apply for refinancing but with her low income, I doubt she will get anything.

    I was wondering, what should I do here? I'm going to see a lawyer later this month about it. But my credit is already ruined, so I'm not worrying about that. Can I just let them foreclose and take the house? If so, can they come after my savings? The house has 60k in equity, and I want none of it. I just want this to be over.

    If we do go to court, would I have to have the same court date as my ex or can I have a separate trial? Her family is known to be violent so I'd like to avoid any contact. I wanted to sell the house a long time ago but I was always outvoted 1 to 2.

  • #2
    I really hope that there are charges being pressed against your ex in regards to falsifying documents.

    Comment


    • #3
      Originally posted by standing on the sidelines View Post
      I really hope that there are charges being pressed against your ex in regards to falsifying documents.
      The bank claimed they are going to but I haven't heard anything. I might have to do it personally.

      Comment


      • #4
        Originally posted by Bruce44 View Post
        The bank claimed they are going to but I haven't heard anything. I might have to do it personally.
        Better if the bank does it.

        Comment


        • #5
          There is options, you could let the house go into foreclosure and talk to a “good” bankruptcy trustee that could do a consumer proposal to include the defaulted mortgage in it. Depends on your financial situation, they may let you keep your current vehicle for work etc...not sure exactly how this would affect your future divorce financial obligations to the wife, also if the same legal organization you use is taking care of the foreclosure you will lose them and you will need to secure a new lawyer.

          Comment

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