Legal Question in Family Law in New York
Divorce and Ex Won't Refinance Home
My ex wife was given the house in our divorce. The language in the divorce decree gave her 2 years to refiance to get my name off the mortgage and said that I am no longer financially responsible for it. The 2 years is up in April and I'm assuming she has no intention of doing it. What can I do to get my name off the mortgage? Its not a matter of her not making payments etc, I just want my name off. After the date in April, what should I do?
2 Answers from Attorneys
Re: Divorce and Ex Won't Refinance Home
Your first step should be contacting the bank with a copy of the
Order and asking them to adjust... If that doesn't work then you
Will have to hire an attorney to assist you.
You may contact our office at 2127098303
Re: Divorce and Ex Won't Refinance Home
The bank won't take your name off of the mortgage - it is better to have two people who guarantee the loan then one person.
The bank is not a party to your divorce action and is not bound by the Divorce Decree.
If your ex-wife falls behind in her payments to the bank, then it will harm your credit rating - or worse a foreclose action.
Your only option is to go back into court and force a sale of the property. She will then have the choice of either selling the property or getting a new mortgage. Then see how fast she refinances the property.
I live in East Amherst, and my office is located in Downtown Buffalo.
If you have any further questions, please feel free to contact me.
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