There are two possibilities in your situation. One your ex has attempted to apply for refinance and was denied. Most people do not understand that divorce court has absolutely no power to make banks, mortgage companies or anyone else who has a secured interest in your home refinance or made any sort of deal whatsoever. So if you're ex demonstrates that he did in fact attempt to refinance and was denied, there is really nothing that will happen after that point as the bank cannot be forced by a divorce decree to refinance anyone. Now if he has not attempted to do so, what you want to do is file a motion for contempt for him not following the divorce settlement agreement. At this point the judge will give him a certain amount of time in which he must attempt to obtain a refinance for the home and demonstrate to the court if it was approved or denied.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
http://massachusettslawyeronline.com/
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Answered on Jan 02nd, 2015 at 11:10 AM