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signing over escrow check

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blueeyes14424

Guest
What is the name of your state? ny

When I got divorced, I allowed my husband to take the house (& everything else, but the children) due to it being a domestic violence situation and just wanted to get out of it. However, I did not realize that I would remain on the mortgage (I didn't have an attorney, couldn't afford one). He refuses to refinance to release me from the mortgage and the mortgage company won't release me because of my ex's debt to income ration. He was just ordered to send me $900 in medical arreas for the children. My attorney received a letter from his attorney today as "proof" of my ex's payment to support collection (no copy of a check or anything). He also enclosed a check from our escrow account that is made out to both of us. I told my attorney I refuse to sign it until he gets my name off the house. When we were in court when the judged ordered him to pay the $900 his attorney made a statement of me signing this check, and I said that I would sign it upon release of liability of the house. Now, what can the courts do to me if I refuse to sign this? I have ALWAYS done as they said to do and have been more than fair, while my ex has broken every order (more than 15) the court has written and never been punished. I wont sign that check until I am released. But I want to know if I can get in trouble for it. I have not received a copy of the order from our last court date, but I do not believe that it is written in the order that I sign this check. Thanks!
 


VeronicaGia

Senior Member
Does the court order state that he must refinance the house in his name only and by a certain time? If not, he doesn't have to do it, and you'll have to go back to court again.
 
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blueeyes14424

Guest
It states that he must do what he can with the mortgage company, but they wont do anything. I am filing for bankrupty, its the only way for me to be relieved from the house. I hate to do it, but I can't buy a house myself until I am removed from that one - believe me I have tried everything else. But I don't see how they can force me to sign a check (It's not part of the order). But if he gets it in an order will I be charged with contempt or something? And is that jail or a fine?
 

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