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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118658
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In my client's divorce trial the judge awarded the marital

Customer Question

In my client's divorce trial the judge awarded the marital residence to the husband. He was behind on mortgage payments so judge gave him 12 months to get caught up on payments and then another 6 months to refinance house in his own name. If he fails, he has to sell house. Wife is supposed to sign quit claim deed to be held by ex-husband's attorney till husband meets all the terms of the judgment, which was entered on 2/10/16. Well now wife is telling me husband has let house go into foreclosure and so she is refusing to sign quit claim deed. She is worried about her credit. How should I advise my client?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I would consider, since the ex husband did not abide by the court order, filing a motion for order to show cause for contempt of court and ask the court to reverse the ruling and to give your client the house so she can make good on the payments and stop foreclosure. The court cannot interfere in the mortgage contract, all the court can do is award the house to one party or the other, but they cannot absolve a party who signed the mortgage from liability. So with a motion for contempt, she could seek possession of the house and then try to make good on any delinquency and try to sell the home or at least ask the court to order a court ordered sale so the house can be sold at an amount at least to cover the mortgage balance or a larger share of the mortgage than the foreclosure will yield.