| guerino1 |
| (addict) |
| 01/17/09 09:28 AM |
Re: I'm thinking about
|
Hi Stuck,
Some things to consider...
1) She probably won't be able to stop foreclosure by herself, however, expect her attorney to bring you to court, immediately. A judge will see right through what your doing and probably give you thirty days to catch up on payments. If you don't the Order will state that you go to jail.
2) As you go through the foreclosure process, you will probably destroy your own credit, as well as hers. However, since she's been a SAHP for all these years, it really won't matter as much to her as it will to you. After all, when this is all done, you will want to move on without her and will find that you damaged your own ability to do so.
3) If, on some odd chance you get far enough into the foreclosure process before the courts intervene (not probable) the bank will seize the property and sell or auction it off at a realistic market value to them.
4) Unless there's a short sale involved, there will be positive equity and the difference in equity will still be given back to the attorneys to be held in escrow until everything. Attorneys will still get paid and you will have destroyed your own credit and probably set yourself up for some jail time.
Also, if you quit your job and have no legal proof that you "lost" your job, you will most likely end up in jail for violating the SS Order.
Keep in mind that judges see this sort of stuff all the time.
Most importantly, why would you do this to the child that is staying with his mother?
BTW, to give you some insight... I, too, thought about the enacting the foreclosure issue at the beginning of the divorce process, in order to force my stbx out of the house she extorted by lying about DV. I thought through the whole process and even went to the bank and had some long discussions about the details of the process, how they would handle things, and to what extent I could maintain my credit and possibly even take back the house during the foreclosure process. Unlike you, I was legally unemployed at the time and there really was no money for the judge to force out of me. This was all after the judge had awarded her half the mortgage, taxes, and insurance that I had to pay her as my Pendente Lite. I was truly disgusted that a judge, who is supposed to represent the justice system and assert justice, helped reward a dirty woman and her dirty attorney for lying about DV. After breaking it down and taking the time to breath, I realized that I would only make the whole thing uglier than it already was and that, in the end, I would do more damage to myself than her. Now that I look back, I'm very happy I didn't go through with it. It would have been easy to do but the return on such an investment didn't work out. Instead, I get to watch her and her attorney piss away their equitable distribution because the Real Estate market keeps disintegrating.
My Best,
Frank