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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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I was divorced in August. I had signed as part of the divorce

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I was divorced in August. I had signed as part of the divorce agreement that I would pay $291 per month towards my wife's mortgage. She was not able to refinance in her name so her parents paid he mortgage off. Her parents then wanted me to sign a "promissory" note that I would pay them the $291 for seven years. I didn't sign that paper. I did in good faith pay the $291 for 4 months. My bills started piling up and I was getting behind so I stopped in October paying the $291. Now, I'm being held in contempt of court even through there is no mortgage. I left the marriage at age 49 starting all over; new mortgage, still had a car payment, with about 6 pieces of furniture and my clothes.
Submitted: 9 months ago.
Category: Legal
Expert:  Sam replied 9 months ago.
Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.

Please tell me what information you need, please?
Customer: replied 9 months ago.


Do I need a lawyer for this to go to court? Do you think I have a chance of beating this in court since there is no legal mortgage. My wife make it clear to me and some other people that the payment made by her parents to pay off the home was coming out of her inheritance that she did not have to pay it back. Yet, on the summons that was served to me on Friday it stated that she does owe her parents the money.


 

Expert:  Sam replied 9 months ago.
Hello

I suggest that the court is going to say she still has a mortgage. I would bet that her parents are going to present a Note to the court showing they paid off the high interest note and she still owes them

I suggest you can go to the Land Records recording office in the county where the house is and see if there is such a recorded Note. If not, then I suggest you get a copy of the Note and Release that was paid off and show the court that there is no money owed.

I suggest that you can consult with a local attorney but if you are found in Contempt, you will be Ordered to pay the money plus interest. So a local attorney may be able to locate some case law to help you.

But first go to the court and see if the new Note has been recorded.


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21658
Experience: 20 years of experience practicing law.
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