Legal Question in Real Estate Law in Maryland

behind on mortgage payments

i am 6 months behind on my mortgage payments. my husband left and has not made payments that i cannot afford alone. last year my husband filed to stop foreclosure on our home and has even stopped paying the trustee. what can i do at this point.


Asked on 3/26/08, 3:58 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: behind on mortgage payments

You may have to take him to court seeking alimony as part of a divorce proceeding, if you think he has the resources and is just refusing to pay. If there are minor children involved, he should also be supporting them, and that could also be the subject of court action. I assume your husband is in bankruptcy since you mentioned a trustee. This doesn't prevent the mortgage company from seeking a lift-stay from the bankruptcy court so they can foreclose on the property. And if he

is defaulting on his discharge plan in bankruptcy, it's likely to be dismissed without discharge.

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Answered on 3/26/08, 4:28 pm


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