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#774023 - 10/26/17 11:07 PM Judge keeping both out of the house?
Adam524 Offline
recently joined

Registered: 10/26/17
Posts: 1
I have an odd questions.

About 8 years ago now, my neighbors filed for divorce -- it was a messy divorce (still is). Right away the home the bought and built together (5,000 square feet, only 15 years old) went up for sale, however, after a year it still hadnt sold (likely due to a huge addition that was put on but not finished). A year or two later, the house was emptied, but random furniture left behind and in place such as computer desk with computer still plugged in, dinning room table and chairs, photos and pictures etc. It seems as though they werent given much time to get out, or left in a hurry. Since then, the home has sat vacant, with a lock box on the garage and a sign saying the property is being managed by a property management service. Its been 7 years almost and the house has never been offered for sale, never cleaned out (you can tell from looking in windows when walking around the house), everything is still left just as it was back in 2010 and the former owners are still listed as the owners on the deed, however, the two of them moved across town and are living in separate apartments, for many many years now, and the divorce still isnt finalized and has been continued over and over again since 2010 (have a friend who works in the court systems).

This is a beautiful, custom high end home in a prestigious neighborhood - it seems so odd that the bank wouldnt have taken ownership by now and sold it in forclosure. When the court is involved, is the bank not able to foreclose until the divorce is finalized? Is the judge able to keep both parties out of the home? What could have happened here? If they both just walked away from the house willingly, wouldnt it have been sold at auction by now? Foreclosures in my town happen and sell very quickly - its not long and drawn out as in other areas.

Anyway - I am in the process of a divorce, and we want to make sure the judge cant order us both out of the house until it is settled.

Thoughts? I know, I know, I am a nosey neighbor who should mind my own business.

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#774029 - 10/30/17 10:45 PM Re: Judge keeping both out of the house? [Re: Adam524]
MinnesotaMom Online   content

old hand

Registered: 01/05/11
Posts: 786
I expect that either one or both parties continue to make payments on the house, thus it's not in foreclosure. Otherwise, it would have been on the market and sold long ago. If there divorce is ever finalized, it will likely be sold then, unless one of them is able to afford to live there.

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