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Ask MIAMILAW1127 Your Own Question
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My name is ***** *****. My issue is regarding escrow checks

Customer Question

My name is ***** *****. My issue is regarding escrow checks in both my ex's name and mine. I have sole responsibility of paying for the house. I have sine refinanced into my name.
JA: Thanks. Can you give me any more details about your issue?
Customer: I am divorced. The house was awarded to me without a stipulation to refinance. I have solely paid all expenses associated with the mortgage for three years. I refinanced the mortgage into my name only and my ex refuses to sign over the escrow refund check which is approximately 5000.
JA: OK got it. Last thing — Real Estate Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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I'm sorry to hear that you are in this situation. You can do one of two things.

The first is try to provide all of the appropriate documentation regarding the divorce, etc. showing that you are solely responsible for the property and having them re-issue the refund only to you.

The second would be to go back to family court and file a motion requesting the judge enforce the marriage settlement agreement and require your ex to endorse the check to you.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 1 year ago.
Would it be reasonable to request my attorney fees since he is unwilling to endorse the checks? What are the chances of it being awarded?
Expert:  MIAMILAW1127 replied 1 year ago.

You can request your attorney's fees since he is making you go to court because he is refusing to endorse the check.

The changes are honestly 50/50. It is entirely up to the judge.