Is there anything I can ask for in damages or financial penalty to my ex who did not refinance on the mortgage? 3 Answers as of August 29, 2013

I have a settlement from August 2012 stating that my ex-husband needs to refinance a mortgage "within a reasonable time" - it has been over a year and he still has not refinanced. I filed contempt in family court and the judge said I need to file in circuit court. I need help drafting the paperwork to submit to circuit court. My name has already been removed from the deed - the deed was executed the day we signed the agreement which was supposed to state that he had 60 days to refinance which was what we negotiated. His attorney changed the wording to "within a reasonable time" and I did not catch it when I signed the settlement. My bad for not reading it word for word before signing but still I am liable for a $350,000 loan for a house I no longer own. Until this debt is removed from my credit I cannot move on with my life. I know he can refinance; he has plenty of money. He is doing this simply to be cruel.

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Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Ask for an injunction compelling him to apply to 5 different mortgage companies within 10 days of the order and completion of the refinance within 90 days.
Answer Applies to: Idaho
Replied: 8/29/2013
The Powers Legal Firm, LLC
The Powers Legal Firm, LLC | Natalie Powers, Esq.
Answer: The Family Court remedy for this type of situation is a Rule to Show Cause or Contempt. Contempt actions are very good way to enforce family court agreements. Contact my office or an attorney to discuss the issue more in depth.
Answer Applies to: South Carolina
Replied: 8/29/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
The remedy here is to file a motion "litigant's rights" and to force the sale of the home, so that the mortgagee (bank) can be paid in full. This will force him to do something, or have something done to him.
Answer Applies to: New Jersey
Replied: 8/29/2013
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