Judicial foreclosure


#1

I have a signed consent order from 2 years ago that was entered in district court where I signed a quit claim deed and my ex agreed to refinance our house to take my name off of the mortgage.
He agreed to pay me 44k in equatable distribution once he refinanced. He has had and currently has 85k in equity in the house and still will not refinance. I had a contempt hearing scheduled last March but he filed bankruptcy in order to avoid that and drag this process out 9 more months. The bankruptcy has now been dismissed due to the fact that he didn’t “qualify” and he had outstanding domestic support obligations. I have a contempt hearing pending but wanted to know if the judge can somehow force him to refinance or somehow do a foreclosure where the house can be sold to someone, sold to me and I resell, etc. Thanks!!


#2

The judge cannot force a foreclosure, but the judge can force your ex-husband to refinance the house (subject to qualifying with the bank to do so). The judge can also impose punishments for not complying with a court order: a fine and/or jail time.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

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