Legal Question in Family Law in New York

Re: Refusal to remove name from mortgage

You should retain an attorney to represent you in this matter. You will have to make a motion/application to the court to compel your spouse to comply with the court order.

If you need further information, please contact my office to schedule a consultation.

Lissa Luke, Esq.

This information is provided for educational purposes only. This response does not establish an attorney-client relationship with this firm. An attorney-client relationship with the Luke Law Offices will only be formed once this office has been formally retained as counsel or has recognized such a relationship through a written document.

Re: Refusal to remove name from mortgage

It needs to be done by order to show cause or notice of motion, with the proper contempt warnings. If you need assistance, please contact me

Re: Refusal to remove name from mortgage

This is a little bit more work than it might seem.

1. Bring the matter before the court by either motion on notice or by order to show cause.

2. You will ask the court to implement its ruling regarding the mortgage.

3. The court's order should include a requirement that the other party fulfill all the requirements of the mortgage holder to amend the mortgage indenture to delete you as a mortgagee.

That means the mortgage holder may require another deposit to cover the loss of you as mortgagee. The court cannot make the mortgage holder do anything (no jurisdiction) but it can require the other party to take further action to 'motivate' the mortgage holder.

You are welcome to a consultation for no fee. Email is best for an appointment.