Legal Question in Credit and Debt Law in Florida

I just want to get some clarification and some information about an issue my husband has with his ex- wife concerning a property he owned with her while they were married. The decree states that each party shall be responsible for one half (1/2) of the debt owed on there marital residence for 1st mortgage and shall have 5 years to pay the amount owed in full paying his portion of the monthly debt owed including interest on that portion of the debt each month. ( my husband paid off the first mortgage in full in 1 year) the decree also states that the defendant husband shall be solely responsible for 2nd mortgage for which he will make the monthly payments until paid in full. He still owes on the 2nd mortgage and is making monthly payments. My question is concerning the second mortgage because my husband got a letter from her lawyer stating that his 5 years are up and he has to pay the full amount. But to me it doesn't make any sense because it says he can make monthly payments until pay in full. The way I understand it as long as he pays every month he is ok until he pays the full amount. Can you give me any clarification on what this means?


Asked on 11/23/13, 5:31 pm

1 Answer from Attorneys
Michael Spoliansky Attorney Michael Spoliansky

I'm sorry, but without reading the actual court decree it is going to be difficult to explain or clarify as to your husband's situation. If it is how you explain it, then your husband had 5 years to pay off the second mortgage. However, you claim it also gives your husband full responsibility for the 2nd mortgage but he is to make payments until paid in full.

There is clear confusion here as you claim the court decree says two contradicting terms. If that is the case, you are going to need to get this cleared up with the court and the ex's attorney.

Read more
Answered on 11/26/13, 1:59 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida