Orlando, FL asked in Divorce, Foreclosure and Family Law for Florida

Q: Can a Judge put a stay on a foreclosure of your homestead property while going through Divorce?

Husband filed a DV Injunction and a Judge gave him temporary possession of the home and put me on the streets and wasn't making payments on the house or the home equity line of credit. I dont know what he told the post office but they returned my mail and anything with both names on it, they disputed and returned. He also somehow had the Mortgage statements change to his attorney name and office address, which I was unaware of on top of this started right after Hurricane Irma and I was told before be removed from the home we were under a moratorium and we had damage that I was trying to get fixed but someone was also stealing the mail previous to my removal and just received the first check from State Farm that I had to collect from another agents office and deposited it into a separate account for repairs which both banks were made aware of. The Equity Line bank did foreclosure paperwork and lied about having the original mortgage and promissory note. There is more info if needed.

1 Lawyer Answer
James Clifton
James Clifton
  • Foreclosure Defense Lawyer
  • Fayetteville, GA
  • Licensed in Florida

A: The judge in the divorce case cannot put a stay on the foreclosure, generally. However, the judge can order one or both spouses to make payments. If either spouse fails to make payment, the judge can hold that party in contemp of court.

To stop the foreclosure, you need an attorney to intervene on your behalf in the foreclosure case until the rights of the divorcing parties are established by the divorce court. Schedule a free consultation to discuss all of your options and to make sure no details have been missed.

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