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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16396
Experience:  Licensed experienced Attorney
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My wife and I had a second Mortgage on our home before we

Customer Question

My wife and I had a second Mortgage on our home before we divorced. I was asked to pay the second mortgage in the original divorce papers but was also asked to sign a quit claim deed which i was informed relinquished me of any financial responsibility to the home. now, 9 years later I receive papers for contempt because i have not been paying it for 8 years. she payed it up until 4 years ago and just stopped paying. now she has papers served on me for contempt of court from the original divorce order. I support my elderly mother and father and cannot afford to pay the second mortgage. I also cannot afford an attorney to represent me. i need help. She is in Georgia and i am in North Carolina.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Have you talked to a lawyer yet?
Customer: I have spoken to one here in North Carolina, but none in Georgia
JA: Anything else you think the lawyer should know?
Customer: my child support has been payed in full as of 4 years ago. my child does not live with her mother and her mother is remarried
Submitted: 4 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 4 months ago.

Hello. My name is Alex.
I will be happy to answer your question.
Please note that any information is provided for educational purposes only!

Do you have a legal question about the situation you have described in your post?

Customer: replied 4 months ago.
I do, what should I do to protect my self from the allocations that I am in contempt of court since she has been paying it until recently
Expert:  Alex J. Esq. replied 4 months ago.

Thank you for your follow up.

If you were ordered by the court to make payments on the second mortgage, why did you fail to make such payments in violation of the court's order?

Customer: replied 4 months ago.
Because I was told by her attorney that after the quit claim Deed was signed by me that I was no longer responsible to pay it. She payed it until 4 years ago and now has served me with papers for contempt of court.
Customer: replied 4 months ago.
that was a total of 9 years ago that I have heard nothing about it till now.
Expert:  Alex J. Esq. replied 4 months ago.

Thank you for your follow up.

Do you have any written document / agreement showing that your ex-spouse had agreed to release you from court ordered obligation to pay off second mortgage in exchange for a quitclaim deed?

Did you hire an experienced local attorney to represent you in this contempt matter?

Customer: replied 4 months ago.
I have no paper agreement from 8 years ago stating that. However it is what her attorney told her and myself leaving court that day. I am currently trying to locate an attorney in Georgia, Gwinett County to represent me. I have spoken to several here in North Carolina, but not have found an attorney that is reasonable in Georgia.
Expert:  Alex J. Esq. replied 4 months ago.

Thank you for your follow up.

Unfortunately, generally, without any written document stating that the ex had agreed to release her ex-spouse from the court ordered obligation to make payments on the second mortgage, the court can still hold the non-paying spouse in contempt and generally, the only defense in similar situation would be laches, which is a legal term for unreasonable delay in making an assertion or claim, such as asserting a right, claiming a privilege, or making an application for redress, which may result in refusal.

So, given the seriousness of the situation, it is important to consult and retain an experienced local family law attorney to represent you at the contempt hearing, to make sure that your rights are fully protected and your position is represented in the best possible light to the court.

You can find an experienced and skilled local family law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to family law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.
I wish you the best of luck!

Expert:  Alex J. Esq. replied 4 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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