Hello,
My mediation agreement states that if I don’t get the house refinanced into my own name that the house will go on the market by May 31st. I only agreed to this because my ex would not agree to me giving any more time than that, so I felt I had no choice, and I was going to let the judge know my financial difficulties of being in debt and needing to file for bankruptcy to get my debt cleared and need time to rebuild it due to my ex husband cheating and leaving me and our daughter and not supporting her, her last year of school, the huge financial burden it put on me and tell the judge when we go to court for alimony, and plead to the judge for extra time to stay in the house to get the bankruptcy done and rebuild my credit so I can be able to get it refinanced in my name, as I want to keep the house , not sell it and he just wants his name off it. My court date was suppose to be in April , but now with everything thats going on with covid 19, and the court dates being delayed for possibly 2 months or more, Im not sure if I will get to court to plead to the judge before the may 31st deadline for when we are suppose to list the house up for sale. Is there anyway with the current covid 19 situation and the delay in court that I can get permission or such to not put the house up for sale yet and to stay living in the house until i can get to court to plead this to the judge? Is there anything I can do about this special circumstance? I also do not feel safe with having people come into the house to see it with the virus spreading and all.
Thank you
If your mediation agreement has both of your notarized signatures on it, then it is a binding contract and cannot be changed without the consent of both parties, regardless of the COVID-19 pandemic. If this is the case, then the 5/31 deadline remains and cannot be changed unless your husband also agrees to the change and the amendment is in writing and signed and notarized.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So I cant even get an extension on this date if I have to file bankruptcy in order to clear my credit so I can get approved for refinancing? I can definitely afford the mortgage, its just the credit situation that is stopping me from getting approved.
If the mediation agreement has been signed by both parties and both parties’ signatures are notarized, then it is a binding agreement/contract and the refinance deadline cannot be extended unless both parties agree and the binding mediation agreement is amended accordingly.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.