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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27261
Experience:  Attorney with experience in family law.
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I am getting ready to file a motion to enforce a refinancing

Customer Question

I am getting ready to file a motion to enforce a refinancing with a house and to get my name of the mortgsge and deed of a house that I do not live in and my ex-husband does. What is the suggested timetable to enforce a deadline to refinance??
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Has anything been filed or reported?
Customer: Not yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time.
Submitted: 18 days ago.
Category: Family Law
Expert:  Lucy, Esq. replied 17 days ago.


I'm Lucy, and I'd be happy to answer your questions today.

It can take the bank time to approve a loan and get all the paperwork together. Or if your ex-husband wants to shop around a little, that can take time. But it wouldn't be unreasonable to ask that he be required to refinance the property within 60-90 days or produce evidence that he's been applying for loans and getting declined. The judge can't make a bank give him a loan, so documentation from the bank is important if he's going to try to claim it's not possible. Another option is to ask that he provide proof of refinancing approval within, say, 30 days. The loan wouldn't have closed yet, but he should be able to at least give you documentation to show that it's coming. That could be done as part of the same motion.

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Expert:  Lucy, Esq. replied 15 days ago.

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