what to do now order for sale

[luvboatn99]

What is the name of your state? Ohio

My husband owned a house with his ex that was supposed to be sold. However, she would not let him sell it, refused to make payments and now it is in foreclosure with an Order To Sale. One Order To Sale was already stopped by her filing for bankruptcy, but she failed to follow through with the bankruptcy court, so it is getting ready to go for Sherrif's Sale again.

My question is: There is quite a bit of equity in this house, what does my husabnd need to file in order to lay claim to the equity left after the mortgage is paid off? I saw some writ on the court sight, where people wrote a letter to the sherrif stating they had claim to the estate, would this be the proper paperwork?

We do not at this point want to stop the foreclosure, because we will not pay the mortgage and we cannot get her to move or sale, so we have no choice but to let it go to Sherrif Sale.

Another question: Is there anyway we can stop this and force her out and to sale the house?

 

[HomeGuru]

What is the name of your state? Ohio

My husband owned a house with his ex that was supposed to be sold. However, she would not let him sell it, refused to make payments and now it is in foreclosure with an Order To Sale. One Order To Sale was already stopped by her filing for bankruptcy, but she failed to follow through with the bankruptcy court, so it is getting ready to go for Sherrif's Sale again.

My question is: There is quite a bit of equity in this house, what does my husabnd need to file in order to lay claim to the equity left after the mortgage is paid off? I saw some writ on the court sight, where people wrote a letter to the sherrif stating they had claim to the estate, would this be the proper paperwork?

We do not at this point want to stop the foreclosure, because we will not pay the mortgage and we cannot get her to move or sale, so we have no choice but to let it go to Sherrif Sale.

Another question: Is there anyway we can stop this and force her out and to sale the house?

**A: is he still on title and what did the divorce decree state as to property disposition?

 

[islndgrl444]

Ohio Foreclosure Laws

See the link for a summary of the Ohio Foreclosure Laws. Also there is a link to the Ohio state laws:

http://www.stopforeclosure.com/Ohio_Foreclosure_Law.htm

Did he ever "Quit Claim" his interest? Is he still on the deed?

Only if he is still on the deed or there is an order that says he gets half proceeds will he be able to exercise "Right of Redemption" to get the home back....all the default will need to be paid.

Good Luck

 

[luvboatn99]

He is still on the deed. The foreclosure is against his ex though, it just copies him in, and doesn't list him as the plaintiff. No we have not filed any documents, should he file a Quick Claim as you stated above?

 

[frankrozanc]

Foreclosure

Your husband should file an answer to the complaint, and assert his interest in the property ASAP. Also, don't be surprised if there is less equity left than you think after the foreclosure, as there are attorney fees, appraisal fees, and other costs to be satisfied as wellas the mortgage. DO NOT DO A QUITCLAIM DEED!

 

[luvboatn99]

Thank you for your help.

 

[luvboatn99]

What exactly is a Quit Claim Deed?