Foreclosure

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pgilber

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Background:
I have been working on a separation agreement since Jan this year. My wife still resides in the matrimonial home which is co-owned. I pay for everything, she contributes nothing financially. I was able to afford this because I rented the basement of our house. I work, make around 50k a year. She works, makes around 25k a year. I completed my fanancial statement and have a net worth of zero. All the debt is in my name except for the mortgage is in both names.
We both have no contact orders due to criminal issues (mine were dismissed) so I can not contact her directly. We were married only 3 years.
Since I left the house, she kicked out the tenants I had in place (which was helping me cover all the bills) and put in new ones that pay her directly. So I can no longer cover all the bills (2 cars, mortgage payment etc etc)
What would happen if I sold one of the cars to pay off the car debt? Is there any issue there?
What would happen if I simply stopped paying the mortgage? I understand the foreclosure issues, credit rating issues etc but what about for the separation? We have no assests to divide, no children, no money. The house has no or little equity in it. I purchased it a year and a half ago. If I simply can not pay then would there be any issues later on with her?
I've been trying to get away from this rather crazy person for sometime now and it is clear she is not going away any time soon. I'm looking for a quick way out. She is not signing anything because she is living for free in the house, pulling in around $900.00 a month rent money and there is nothing I can do about it short of going to court or something, which I do not want to do. My lawyer is months between appointments. I guess lots of people are getting divorced in my area!
Any input would be appreciated.
 
Who has possession of the vehicles currently? You or her?

Depending on your situation, if SHE is living in the mat home, she should be contributing towards it...you need to push your lawyer to get his ass in gear, OR you need to find a different lawyer.

If the financial implications aren't a concern, simply send her an R3 letter indicating you will no longer be covering the mortgage as of X date.

How was she able to evict the existing tenants without your ok on it? If your name is still on the title, she would not be able to go through the proper motions without you.

Also, call the electric company/etc and cut off the services at the end of X date, again send her an R3 letter indicating the termination date and that you will be terminating services for the home effective as of X date. (You give her time so she can't claim you did it unexpectedly)
 
I have possesion of both vehicles right now. This woman doesn't play by the rules, nor does she have any empathy towards anyone. I have no idea how she was able to evict the tenants. They left and I never heard from them again. My lawyer is very slow at responding to any of my concerns. Is it normal to have a month or two pass between meetings?
 
Who has possession of the vehicles currently? You or her?

Depending on your situation, if SHE is living in the mat home, she should be contributing towards it...you need to push your lawyer to get his ass in gear, OR you need to find a different lawyer.

If the financial implications aren't a concern, simply send her an R3 letter indicating you will no longer be covering the mortgage as of X date.

How was she able to evict the existing tenants without your ok on it? If your name is still on the title, she would not be able to go through the proper motions without you.

Also, call the electric company/etc and cut off the services at the end of X date, again send her an R3 letter indicating the termination date and that you will be terminating services for the home effective as of X date. (You give her time so she can't claim you did it unexpectedly)


What NBDad said. And get a different Lawyer ASAP.
 
Kill services..ALL of them. Electric, gas, phone, internet, etc. Give her notice of the change, but do it asap. If you haven't frozen joint accounts, do that too. (most of the time you get a line of credit against the mortgage...)

If she is still on your car insurance, either get her off OR close the joint policy and open a new one by yourself. (even if you have to go to a different company and start at a higher rate).

Call the bank and see if you can pay only the interest on the mortgage, or only pay half of it and see how long they will work with you to float things while you work through the issues. If not, send her a notice that you will no longer be paying the mortgage as of X date and as she is the tenant in the home currently, she will need to make the payments. Either that OR you need to send her an R3 letter for "occupational rent" = 50% of the mortgage payment and a date she has to pay it by.

And no, 2 months between appointments is FAR too long if she's doing this kind of game. Call his office, book an appointment asap. If he doesn't have any free spots..1. why did he take you on if he can't take the time to handle your case and 2. start shopping for a new attorney.
 
Thanks for the information. I have a meeting on Monday with my lawyer and hopefully we can get something going and get this closed. I have shut down the phone/internet already.

And as per the post above, what is an R3 form? Just so I know for my meeting!
:)
Thanks
 
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