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MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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There were 2 contracts, one in Feb (marital settlement), and

Customer Question

There were 2 contracts, one in Feb (marital settlement), and one in Mar (property agreement). IF she can invalidate the Feb agreement can she use this same argument against the 2nd agreement? The 2nd one was a property agreement required by the mortgage company for a refinance ad restates most of the same terms in the 1st contract. Could she say the 2nd contract was also in duress if she is able to the win her argument of being forced into the 1st contract?
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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Why was the first agreement/contract invalidated? What was the basis for it?

Customer: replied 1 year ago.

It hasn't been invalidated yet. My wife's attorney claims my wife was forced into signing it or I would not return my loan against the house for her to do a refinance. I had a right to take a loan against the heloc as it was in my name and hers.She had other options than to refi, she was just about to lose her job. The 2nd agreement was needed by the mortgage company. If she wins her case and invalidates the 1st contract what happens to the 2nd one?

Expert:  MIAMILAW1127 replied 1 year ago.

I remember now.

She would need to move to invalidate each contract separately. Just because the first contract is invalidated, it would not automatically invalidate the second. However, if the same terms that she invalidates from the first are in the second, then she has a stronger case if the second contract is invalidated.

Expert:  MIAMILAW1127 replied 1 year ago.

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.