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If the court order requires him to pay you/buy you out by August 1st, and that didn't happen, you have the right to file a petition to hold him in contempt of court. The judge can warn, fine or even jail him for failing to meet the deadline in the order.
More that likely, if you were to file the contempt motion, the judge would give him a specified amount of time to get this resolved....and if that doesn't happen, the judge would then fine or jail him until this is completed.
No, you shouldn't have to do this s the bank isn't under an obligation to the court. Instead, he would be responsible. That said, you certainly can contact the lender and provide a copy of the court order to guarantee you get what you're entitled to.
If you file a motion for contempt, the judge could fine him, but it would likely be a fine payable to the court......but you could be awarded your attorney's fees or associated costs by the judge.
The document filed would be a motion for contempt or a motion to show cause.
Yes, you can file it because his deadline as set by the court has passed.......and who knows if he's actually started the refinancing process. Even if he has, the judge getting involved and keeping his/her thumb on him will make a big difference with his seed in getting this done.
You can call the court clerk's office and ask if they have form motions.....if not, you'd need to get an attorney to help draft it, or you could do it yourself.
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