They are idiots. What will happen is a sale will be forced and you will have no choice about it. Can your lawyer send a letter?

Is it not in his benefit for the home to sell on it's own rather than it going into foreclosure? If you still speak, you may want him to think of this aspect. He is only hurting himself.

Sell the house as quickly as you can agree to do so with him.

Meanwhile go to the mortgage holder, the bank, and talk to a officer of the bank. Explain your situation, they you're trying to sell, that you can't make payments and ask how you can protect your credit.

You will, hopefully, be surprised that your creditor will try to help and cooperate as it is usually in their best interest to avoid foreclosure also.

You can't control your husbands failure to act but you can protect yourself as best you can.

Thriver, Mefortain, and Orange County, I thank you so much for your replies. I really do, I feel so alone and ya'll just don't know how much it means to me to read your replies and know that someone out there cares enough to write back.
This is what is going on with my etranged husband. I told him that a foreclosure will ruin our credit and he was only hurting his own kids. He told me that he didnt give a damn he just wants me the f*ck out of the house..
Thriver, my lawyer is working on that. We are sopose to have a meeting. The really bad part is that the housing market here in Californai is NOT a sellers market at all. We will loose out THOUSANDS becuz of him.
Mfontaine, He doesnt give a damn about his kids. As for him hurting himself. He has already ruined his credit with is tramp He has exceeded over 30 thousand dollars giving her gifts. (He NEVER had such financial problems all the years he was married to me.).
Orange County, I do want to sell asap just so I won't have ruined credit. I will talk to the bank too. Thanks for the good advice.

Thank you all. Hope you had a good day.

Yes, go with approaching the lender, earlier than later. At the same time, file legal papers for him to pay. If it's late, it won't go on you. Then, if you have to sell the house, which you may have to, he getts a lesser portion. But, if, alas, it's worse than you imagined and you are facing foreclosure, ask your banker about a "short sale". That allows you and the bank to determine an acceptable amount to set the price on that will cover the mortgage and take the burden off of you. The bank will want to do this because it saves them money and saves your credit, too.

Rosebud, I am in Southern California. I spoke with the lenders on the phone. They called me. Said the morgage would be due on the first of October, and the September AND October paymet would be due. They said that they will have to send me an "intent to forclose" letter if I didnt pay last month morgage and this coming Octobers also. I have not yet been serviced with "Forclosure" Papers.
So, does that mean I am in the phase were I waited "too late""

Thriver, Can you tell me about the, "sale will be forced" scenerio? Its this done often as a "dirty trick" in divorce? What does it mean? Is there always some hidden agenda behind it?
Can he get me to move then once the kids and i are out move his mistress in? Or say he will buy me out? (cuz he knows the house value is at its lowest right now?)
Or maybe becase the courts say that the kids are to live at the home with the mother and the father will pick children up on visitation days.
Maybe he will try to move in and take the kids and say he has legal right to them cuz now HE"S in the family home?
It is 4:43 in the freaking MORNING! I am gonna drive my self bats. Can't sleep