What is the name of your state (only U.S. law)? IN
Son's ex-wife divorced him in early 2013, she got the house and the little collateral in it. Her lawyer had him sign a quit-claim so she could refinance in her name. He assumed she did, they kept living together until Dec 2013 in the house. He never saw any bills. He finally moved out in Dec 2013. In Feb 2014 she sold everything in the house that could be moved; it had all appliances when they bought it. She turned off the power and the basement subsequently flooded. In mid 2014 she filed bankruptcy. He received notice of her bankruptcy but thought it had nothing to do with him.
He just learned a couple months ago that the house has gone in to foreclosure. His name is listed as a Defendant and the court records said he was served by mail and by posting a notice on the house. He never received any mail, he hadn't lived there in a year so I'm not sure if the PO keeps forwarding letters at that point. He never went back to the house, it wasn't his, so he never got anything that was posted. That was in Dec 2014. In March 2015 a default judgment was entered with the full amount of the loan awarded against our son. A couple weeks after the default judgment, a 'Praecipe for order of sale' was entered on the court record. What will they sell?
The ex-wife held the title. Our son has a beater vehicle to get to work, child support, student loans, lawyer bills to fight the ex-wife's lies that have interfered with his visits with their child, etc. After gutting the house, letting it flood and sit empty for over a year it's probably worth a tenth of the loan amount on it now.
Since the ex filed bankruptcy before the house was foreclosed, who would have the title now? Is our sons only option to file bankruptcy to get out from under the debt?
Son's ex-wife divorced him in early 2013, she got the house and the little collateral in it. Her lawyer had him sign a quit-claim so she could refinance in her name. He assumed she did, they kept living together until Dec 2013 in the house. He never saw any bills. He finally moved out in Dec 2013. In Feb 2014 she sold everything in the house that could be moved; it had all appliances when they bought it. She turned off the power and the basement subsequently flooded. In mid 2014 she filed bankruptcy. He received notice of her bankruptcy but thought it had nothing to do with him.
He just learned a couple months ago that the house has gone in to foreclosure. His name is listed as a Defendant and the court records said he was served by mail and by posting a notice on the house. He never received any mail, he hadn't lived there in a year so I'm not sure if the PO keeps forwarding letters at that point. He never went back to the house, it wasn't his, so he never got anything that was posted. That was in Dec 2014. In March 2015 a default judgment was entered with the full amount of the loan awarded against our son. A couple weeks after the default judgment, a 'Praecipe for order of sale' was entered on the court record. What will they sell?
The ex-wife held the title. Our son has a beater vehicle to get to work, child support, student loans, lawyer bills to fight the ex-wife's lies that have interfered with his visits with their child, etc. After gutting the house, letting it flood and sit empty for over a year it's probably worth a tenth of the loan amount on it now.
Since the ex filed bankruptcy before the house was foreclosed, who would have the title now? Is our sons only option to file bankruptcy to get out from under the debt?
