If a couple divorces at any time during the foreclosure process, the jurisdiction of the court becomes questionable. Once a divorce is filed, the home becomes part of the marital estate. As a marital asset, it cannot be foreclosed on while the divorce is pending.
When the divorce is finalized, the foreclosure will proceed. So while the divorce will give you more time to figure out how to handle the foreclosure, it will not make the foreclosure go away.
If you have questions about your foreclosure, it is best to discuss them with a foreclosure defense attorney who will carefully examine your case. Many foreclosures are brought incorrectly by the bank or lien holder, so there are often valid defenses for the homeowner.
Facing either foreclosure or divorce is stressful enough. If you are going through foreclosure and divorce simultaneously, you may feel as if the world is ending. However, the reality is that divorce can stall a foreclosure proceeding, which may be helpful.
EV Has, LLC in Chicago provides knowledgeable representation to residential and commercial property owners. Our unique, aggressive approach to foreclosure defense has helped many people in Illinois. For a free consultation, please call 312-775-0980 or contact us online.