We are often referred to couples in our divorce niche who would like to creatively deal with their mortgages. After both spouses no longer live under the same roof...it is not unusual for payments to stop. This may or may not be with the benefit of a understanding. The spouse still residing in the house, sometimes has primary placement of the children. A move means one more disruption in what is already a chaotic time of life and not welcomed by this about to be single parent.
Talking to the bank will not change the months of delinquent payments. The bank will not accept a payment plan...OR even a lump sum to "catch up" on the missed payments...it is just not possible.
The bank may likely suggest a loan modification. How does that help in a divorcing situation ? It does not...it cannot. It does not remove the legal obligation of BOTH spouses to pay the mortgage. At some point, the divorce decree will read that the house must either be refinanced or sold. There is no refinancing available with payments missed and the house upside down. So shy then does the bank suggest a loan modificaton ? To keep extracting money from people who can least afford it with no thought to anyone's happily ever after...they just want money.
Chats with the Bank accomplish nothing for the future of the homeowner with deilinquent payments. Now it is no longer what you want to do...but what you have to do...a short sale is the answer.
If you find your spouse has not made mortgage payments...If you are a Wisconsin Family Law practitioner with clients in this situation...Call the Hansons we are honored to be of service for all things real estate.
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