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re: Husband cheated and left wife. Before leaving, he took out a HELOC on their house
Posted on 11/28/17 at 9:26 pm to Ambassador
Posted on 11/28/17 at 9:26 pm to Ambassador
So your father did this? First I’d kick his arse. Second I’d drag his arse to payday loans and make him get a loan to pay this judgement off. Then I’d kick his arse again.
Pics of his slut?
Pics of his slut?
0
Posted on 11/28/17 at 9:28 pm to Ambassador
Your mother could lose the house but she won’t be liable to pay any deficiency on the loan. Your dad will.
That’s the best way to sum it up.
That’s the best way to sum it up.
Posted on 11/28/17 at 9:30 pm to Ambassador
quote:
summary judgement in rem only is awarded against wife.
This is the part that seems contradictory. If the Judgment is 'in rem' then it would be against the property only and not 'against wife'.
So, I'm going to make some assumptions in effort to answer what I think happened.
Bank forecloses/sues and gets a personal Judgment (via Summary Judgment) against both (ex)husband and (ex)wife.
The house was security for the HELOC.
Divorce granted and there is always a rebuttable assumption that debts created during the marriage are community property.
Wife contests that the HELOC is a community debt despite signing the paperwork. Enough evidence is given inside a hearing to prove that the HELOC was a separate debt made by the (ex)husband and only benefited his separate personal interests.
Bank is informed of finding. Bank still has right against the security interest (which is a community asset), but, has to acknowledge that she doesn't have any personal obligation to pay the debt. As a result, the Judgment against her is amended to reflect the above.
Posted on 11/28/17 at 9:32 pm to Ambassador
quote:
Note does not get paid.
I may be wrong, but that would still go against his credit I would think since they were married when they got the house regardless of who’s name the house is actually under. I would think it’s the same as a credit card your wife takes out in her name when you’re married. It’s still half yours until it’s paid off.
Posted on 11/28/17 at 9:35 pm to Mike da Tigah
OP should kill his dad so his mom gets the insurance.
Posted on 11/28/17 at 9:40 pm to saint tiger225
Cute, witty remark thrown in here. Boy, you are so clever and funny.
Posted on 11/28/17 at 9:50 pm to Tiger Ryno
quote:
OP should kill his dad so his mom gets the insurance.
I’d be willing to be the old boy doesn’t have any insurance. Douchebags that steal normally aren’t to fiscally responsible from the ones I’ve known.
Posted on 11/28/17 at 10:45 pm to Ambassador
Why does it matter the wife's lawyer is out of town?
He doesn't have a cell phone to tell her?
He doesn't have a cell phone to tell her?
Posted on 11/29/17 at 1:59 am to TBCommish
quote:
This is the part that seems contradictory. If the Judgment is 'in rem' then it would be against the property only and not 'against wife'.
So, I'm going to make some assumptions in effort to answer what I think happened.
Bank forecloses/sues and gets a personal Judgment (via Summary Judgment) against both (ex)husband and (ex)wife.
The house was security for the HELOC.
Divorce granted and there is always a rebuttable assumption that debts created during the marriage are community property.
Wife contests that the HELOC is a community debt despite signing the paperwork. Enough evidence is given inside a hearing to prove that the HELOC was a separate debt made by the (ex)husband and only benefited his separate personal interests.
Bank is informed of finding. Bank still has right against the security interest (which is a community asset), but, has to acknowledge that she doesn't have any personal obligation to pay the debt. As a result, the Judgment against her is amended to reflect the above.
I wouldn't bet against your theory.
Posted on 11/29/17 at 5:46 am to Ambassador
That $45k isn’t going to take him very far. So once he’s burned through that and lost his job because his superiors fire him out of spite for his shitty moral code, his new fling will take off.
One way or the other the big man upstairs seems to find a way to provide a rock bottom for people like this & a huge uplift to people like your mother. Give it time.
One way or the other the big man upstairs seems to find a way to provide a rock bottom for people like this & a huge uplift to people like your mother. Give it time.
Posted on 11/29/17 at 5:49 am to Ambassador
Go check out Pennoyer vs Neff, dog
This post was edited on 11/29/17 at 5:50 am
Posted on 11/29/17 at 7:34 am to Ambassador
quote:
48 years of marriage
Alzheimers has taken his mind.
Posted on 11/29/17 at 7:39 am to Ambassador
Against the "thing" meaning the house.
They can take the house.
As far as the husband- looks like it's a personal judgment and can for pretty much any assets or money.
They can take the house.
As far as the husband- looks like it's a personal judgment and can for pretty much any assets or money.
Posted on 11/29/17 at 8:06 am to mahdragonz
quote:
He doesn't have a cell phone to tell her?
I don't know about you, but when I'm on vacation, I don't want my clients' families calling my cell to explain something I've already probably explained to my client 5 times.
Posted on 11/29/17 at 8:52 am to Ambassador
Unless the attorney is in a remote part of the world, he/she can get emails, texts, calls. No one is really unreachable in a pinch other than about 1% of the time. Fire his or her arse if they are having a nice vacation in the states or some other non-remote place and fail to answer.
Posted on 11/29/17 at 8:59 am to Ambassador
Why don't you man up and kick your old man's arse?
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