Kim Zolciak and Kroy Biermann are asking a judge not to foreclose their Atlanta home despite their current divorce hearings.
The couple know that they are in a large financial hole, and they are asking the court to prevent the hold from getting any deeper. The couple are asking that the court stop the bank’s foreclosure auction on their home to allow them to sell it on their own.
According to documents obtained by TMZ, Kim and Kroy claim if the bank’s planned auction on November 7th is allowed to happen, the two will suffer “irreparable injury to the marital estate depleting it in its entirety.”
Kim and Kroy listed their property for $6 million through a realtor while they work through their divorce arrangements via zoom court.
The home was set for foreclosure auction before the couple had listed it.
The sale of the home is currently going on while the couple still lives inside it together. According to court orders, Kim has been ordered to live in the basement and nanny suite, while Kroy has exclusive access to the primary bedroom.
As previously reported, the divorce has had a large amount of misteps. Kroy was recently accused by Kim of being a gambling addict and the blame of their financial problems. Kim also mentioned that she does not trust her estranged husband around their kids.
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As of late, Kim recently missed a court hearing via zoom due to her schedule filming.
According to “Entertainment Tonight,” when Fulton County Superior Court Judge Shermela J. Williams noticed everyone was present except for Zolciak, she asked her lawyer, David Beaudry, to explain her absence.
Beaudry said Zolciak couldn’t make it to the hearing, which was held on Zoom, because she was on a flight back from Australia after filming MTV’s “The Surreal Life.”
Beaudry attempted to apologize for Zolciak’s absense, but the judge appeared “irritated.”
Williams reminded Beaudry that Zolciak’s “presence was not waived for today, so she is supposed to be here.”
“I did not waive her presence,” she continued.
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After a brief pause, the judge went on to reschedule the hearing for September 29th while calling the latest hearing a ‘waste.’
The former NFL player did admit that he and his estranged wife are having sex, but in the court documents obtained by Page Six, he has no ‘desire to reconcile.”
The court documents went on to say, “The fact that he engaged in sexual relations with [Zolciak] does not indicate a desire to reconcile. [He] remains steadfast in his desire to divorce.”
Biermann has been requesting to sell the family’s home valued at $3 million in Georgia as well. The home is facing foreclosure on November 7th.
“She has stated that she prefers to file for bankruptcy; a move that will ensure that the parties and their children will remain under the same roof for a significant period of time,” the documents state.
Biermann wants to sell the house as soon as possible so he can purchase his own residence.