Complicated Story

[Joel Fraser]

2 years ago my ex-fiance started a lawsuit against me for all our properties which includes the home we live in. He has been unable to prove his case and tomarrow morning his atty is filing a motion to withdraw as his attorney, meanwhile I have filed a motion for dismissal due to failure to prosecute. This brings me to our Mortgage, because of various work schedules I was unaware that (although ex was still living in our home) he had not paid the Mortgage. When he finally left the house, he left me sitting with a part-time grocery job, a terrible economy and 2 months behind on the Mortgage. I have struggled like heck to try and just keep 1 payment away from foreclosure, however, the inevitable has finally happened. Homecomings has sent the account to foreclosure and today we were served the docs. Although, I am not on the actual Note, I am on the Deed for my home, therefore, I am responsible for payments. Once his lawsuit against me is dismissed, my counterclaim comes into play, where I have proof that my ex used only my money from the joint account to pay all the bills, while his money went into a seperate private account. Meaning he spent $75,000 over and above my obligations, of my money to pay all the bills and he paid nothing. He stockpiled his income and maximized his Retirement Fund. Since we were engaged, and everything appeared normal, I had no reason to question the finances as he was the one who was to be responsible for making the payments. According to my Lawyer there is a very good chance that the Judge will order him to cash his Retirement as it is ill gotten gain. With the money that is owed me, I could easily pay for my home, but how do I stall the foreclosure procedure until that happens? Is there any hope of my saving my home?