divorce decree, am i in contempt

[jbostian]

What is the name of your state? indiana

was divorced 4 years ago. ex signed quit claim on house before divorce papers filed. in decree says i have 3 years to refinance.

loan co has copies of quit claim and has been filed w/co auditor
loan co then sold to another. ex not listed on nay tax papers as far as interest paid etc. thought he was off the house cuz of quit claim come to find out he still listed as co-borrower. he now taking me to court say i refused and still refuse and wants me to pay his lawyer and punish me for not refinancing. talked to him a year ago he never said he had problem trying to get loan. i wouldve done something then but didnt know. have called to take steps w/loan co to get him off as co-borrower. how much trouble am i in? please help, court date next week

 

[stealth2]

The question is going to be - what did you do to refinance the loan? The current lender is not going to just say "oh, the judge says Mr X doesn't have to pay for this, so we'll take him off." They've invested their money based on the two of you being able to pay it back. You need to be able to show that you can pay it on your own - by refinancing - or sell.

 

[jbostian]

not worried about loan company worried about what will happen in court

 

[stealth2]

Okay - you were under a court order to refinance your mortgage w/in 3 years so that your ex was released from his obligation to the loan company - 4 years have passed and you have not done it. That places you in contempt of the order. If you can show that you've been making a good faith effort to get refinancing, the judge may cut you some slack. But from the sounds of it you haven't - you may well find yourself under court order to sell the property so that the obligation can be paid off and your ex released.