There is yet another category of foreclosure that reigns commonly in Austin, TX. Houses going into foreclosure or auctioned for sale are due to Divorce settlements.

Partners dissolving their marital relationship may find it quite difficult to straighten out their financial disputes. The spouse who has the slightest clue of separation or is not willing to divorce is least prepared for the results and effects of the divorce. While the partner who initiates the proceedings has the privilege of planning settlement terms ahead of time, the other spouse who is either demoralized, monetarily broken or is of a lower earning caliber, finds it quite hard to settle financial disputes over divorce.

If you are reading this, chances are that you might be navigating against a similar storm of complications.  For the benefit of my Austin homeowners, I've always emphasized on the value of monitoring your score. A damaged or poor credit score can be a serious result of foreclosure.  Also poor credit rating can also reduce your possibilities of obtaining other rescue loans. If you are going through a divorce settlement and wanting to stop a foreclosure, your foremost duty now is to know your credit rating. Review and analyze your credit report online.

If your divorce settlement involves your children, the court will create child support orders that lay conditions on payment, custody and protection, which falls in the best interest of the child. The court orders will control the complete rules of your kid's health insurance, child support payments and visiting schedules. Usually the order equally delegates child support payment and guardianship rights between the divorce partners. Sometimes the parent who has the complete custody of the child can't afford to make the mortgage payments. The court often times order the non-primary spouse to contribute more to keep the children in the family home. Delinquent spouses usually will have to make up back house payments.

Petitioners in the Austin, TX Travis County region may find their divorce petition disputes being settled over a period of up to one year.  Given the longevity of the case, the Judge may issue an emergency order that compels either one or both partners to fulfill their obligations towards mortgage payments.  In addition the judge may order the defaulted house payments be paid by the spouse who initiated divorce.

If a divorce has handicapped your financial credibility and you want to stop your foreclosure, you can proceed to legally petition monetary support from your spouse.

• Negotiate with your spouse on making the mortgage current. If he or she is unwilling to abide, softly notify him/her about your plans to hire an attorney who could legally arbitrate the situation.

• Hire a lawyer and educate him/her on every detail about the current status and equity rights over the mortgage. Provide all documents, contracts copies and mail communications that can support your petition and advocate your rights over securing the mortgage.

• If your income does not allow you to hire an attorney, take leverage of your state law that could have provision for your delinquent spouse to cover up all legal charges, including your attorney's fees.

• If the court sets an order for your divorcing spouse to pay off the mortgage loan, request the judge to permit you to contribute payments for those months your spouse has defaulted. It is better to request temporarily restriction against the lender from initiating foreclosure, than to loose the house on auction sale.

If in case your ex-spouse fails to make the mortgage current, the lender should be aware of the alternatives recommended by the court. Bear in mind, to constantly update your lender about all legal proceedings being negotiated with your ex-spouse on mortgage settlements. Send photocopies of all court orders to the lender for documentation against your mortgaged house.