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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My wife filed an injunction last year to prevent me from refinancing

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My wife filed an injunction last year to prevent me from refinancing the house. The refinance would have cost us nothing. And we would have not assumed more debt. Nor would mortgage terms have changed. Only the interest rate would have been lower. Some 3%. A savings of at least 2k per year.

The reasoning she gave is that had we refinanced it would make it difficult for her to get a new loan once she decides to buy a house.

It's been 1 year now. And she's filed a motion to get her maiden name back.

Can I have the judge remove the injunction now to allow me to refinance? Her financial status has increased since then
Thank you for your question. Please allow me to assist you with your concerns.

The maiden name is XXXXX XXXXX here pertaining to joint property. Has she purchased a property since this order was put in place?
Customer: replied 3 years ago.
To my knowledge no

Thank you for your follow-up, Eric.

You absolutely can choose to file for 'reconsideration' based on new facts. You likewise can ask that the courts formally re-evaluate the order and ask that you not be held hostage to the needs of the other party. But please be aware that the courts would still make a determination based on the current best interest, and unless you can show that her situation changed substantially, it is unlikely that the courts would go ahead and remove the current block.

Good luck.

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