If my husband obtains a loan to bring our mortgage current, does that give him the right to occupy the house even if there is restraining order against him?

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If my husband obtains a loan to bring our mortgage current, does that give him the right to occupy the house even if there is restraining order against him?

My husband and I are currently going through a divorce and also in the process of giving the title back to our house with the HAPA program. he has a restraining order preventing him from entering home, if he obtains a loan to bring mortgage current, can he legally live in the house instead of my kids and myself? does a loan to get mortgage current take precedence over a restraining order?

Asked on July 16, 2011 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is a court order issued against your husband preventing him from occupying the house that is in foreclosure but will soon be out of foreclosure since he is curing all unpaid monthly installments, the court order controls.

A marital dispute and a problem involving unpaid monthly installments for a home where the home went into foreclosure are two separate matters. 

It is admirable that your husband is obtaining a loan to bring the mortgage on the home current so you and the children can continue to remain in it.  Will the new loan to bring current the home's mortgage be in his name alone or will you have to sign on the loan? Good luck.


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