Expert: Jacquie Brennan, Esq. - 4/30/2003

Question
I have been on SSDI since 1994 for mental problems. My husband of 27 years left me in March 2002 and refuses to support me in any way. I had an attorney when I first applied for spousal support until I could not afford to continue. The court ordered my husband to pay $325 a month in September 2002. My house has three mortgages due to his extravagant spending as well as drug abuse. Can the bank foreclose on my house since I am disabled or is there any legal recourse for me in this situation? I make $661/month. Legal Aid would not represent me because I owned property (even though it has 3 mortgages) I would like to file a support action but can't afford it. My husband knows this and is taking advantage of this fact. I am most concerned that I will be removed from my house with nowhere to go. Thank you for any insight or direction.

Answer
Sadly, there is no federal law that will protect your home against foreclosure if you are not able to make the payments. There may be laws or programs in your state that can help you, but since those differ from state to state, I am unable to advise you about those. Family laws, too, are different in each state. I know you've tried just about every avenue to get an attorney, but really, only an attorney in your state can advise you about those issues. You might check with NAMI or another mental health association to find out if they have any programs to assist people in paying their mortgages. Best of luck to you.