Ex Refuses to Remove Your Name Off Mortgage

How do I handle a case where my ex refuses to remove my name off mortgage? 6 years later I just received a default notice

Question:

I filed an uncontested divorce approx. 6 years ago. I left with nothing. I left him everything including personal property, house, car etc.. Literally left with my clothes and a few pieces of my 18 year old daughter at the times bedroom furniture. The agreement was he remove my name from deed and mortgage and refinance. Several years ago I got a notice that he was late on mortgage and sure enough my name was on the mortgage still. He had said he refinanced. Today I looked at credit report my score went down 80 points and it says he hasn’t paid in over 120+ days. What are my options at this point.

Assuming that your Judgment states that the Agreement is incorporated but not merged into the Judgment, you can file an application with the Supreme Court to have him held in contempt of court for failing to comply with the Judgment. The relief requested can include your ability to list and sell the house due to his violation and the damage to your credit.

This legal question was asked on Avvo and was answered by experienced Saratoga divorce attorney, Jean Mahserjian.  Please give us a call today if you need help.

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