My spouse has an ex wife that is refusing to take his name of the note. She has gone as far as taking this to the state's supreme court on appeal.

A few thoughts: Unless the ex got a stay, her appeal does not bar enforcement actions in the trial court -- your spouse could move to "re-enter and sell," or force the sale withouit taking possession, or do perhaps other things, regardless of whether his ex appealed. You may be wrong about the old house interfering with your ability to purchase one.  If she was awarded the house, and has actually made all payments, the mortgage regulations permit lenders to ignore that house after a few years when considering whether the not-in-possession spouse can get a new loan. Finally, this is almost certainly a civil, not criminal, matter. If you are not making headway, you should probably conferr with a family law specialiset well versed in such matters, to devise a strategy for getting to "done."