The bank looking to foreclose upon Kim Zolciak and Kroy Biermann’s home says it has the “right” to do so despite their ongoing divorce.
Truist Bank has filed new court documents arguing that the estranged couple “defaulted on their mortgage” and so the former Atlanta Falcon’s request for a restraining order against the foreclosure “must be denied.”
Truist also says it “intends to exercise its rights” if Biermann and Zolciak’s debt isn’t paid in full through the sale of their $6 million mansion.
The “Real Housewives of Atlanta” alum and Biermann requested in October that the judge put a stop to the foreclosure on their house, which Truist now says it did “voluntarily.”
It was the second time the pair faced foreclosure.
Zolciak, 45, and Biermann, 38, have been fighting viciously throughout their divorce over the state of their financials and were forced by a judge to remain in the house but live in separate areas.
Biermann received “exclusive possession and use” of the house’s master bedroom, but the common areas are up for him and the former reality star to share.
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Despite the separation order, the “Don’t Be Tardy” alums have gotten into fights that led to police involvement.
To mitigate their financial woes, Zolciak began selling her and Biermann’s designer goods online, and now the athlete wants to cash in on the former Bravolebrity’s earnings.
Biermann claimed in a legal filing that the goods are “worth hundreds of thousands of dollars” and added that “it is unknown what [Zolciak] has done with the funds she received from the sale of the items.”
“However, what is known is that none of the funds have been utilized to support the marital estate,” he went on, noting that he “is seeking an equitable division of marital assets,” including “the personal property acquired during the marriage but [is] currently in the sole possession of [Zolciak].”
He asked that “all marital property subject to equitable division be identified and then preserved” by the court.
Zolciak and Biermann recently slashed the price of their home to $5.5 million.
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