Posted on: 08th Feb, 2010 10:08 pm
hi, i been divorced 1 year and in the divorce decree my ex was order to sign a quit claim deed and he did the home is in my name by deed and his name by loan i was order to refinance in 90 days but didnt went back to court and was in contempt for not refinanceing the court gave me 60 days iam in the process of refinance but is pass the 60 days the loan has not closed the judge order me to sell but this is not in the final decree what are my rights?
Hi Guest,
If you were asked by the court to refinance the loan within a specific time, you need to follow the instructions. If you don't, you will be in contempt of court. But if you are in the process of refinance, the judge is unlikely to order you to sell the house. If you need extra time, you can request the judge to allow you more time and you can provide the court with necessary documents to prove that you are indeed trying to refinance the mortgage.
If you were asked by the court to refinance the loan within a specific time, you need to follow the instructions. If you don't, you will be in contempt of court. But if you are in the process of refinance, the judge is unlikely to order you to sell the house. If you need extra time, you can request the judge to allow you more time and you can provide the court with necessary documents to prove that you are indeed trying to refinance the mortgage.
i would think that any right-thinking judge would understand the need for additional time, and grant it. of course, that's not going to be the case at all times. you need to gather together all materials, data, etc. to present to the judge the next time you enter the courtroom. and you didn't cite any legal representation. needless to say, lawyers can argue in court far better than any layperson. you'd be wise to engage one's counsel.
