Legal Question in Family Law in Iowa
My husband signed a Quit Claim deed on a house that he and his ex owned in 2002. In the paperwork that he received from her lawyer, it states that she would take possession and would take over responsibility for the balance of the mortgage due as of May, 2002. She has never refinanced, and is refusing to do so. We want to have his name removed from the mortgage. It's my understanding that the wording of "taking over responsibilty for the balance of the mortgage due" means that she would take over the loan. Can we file an Application for Order to Show Cause since she will not refinance? Thanks.
Asked on 8/12/09, 3:59 pm
1 Answer from Attorneys
Robert Luedeman
solo practitioner
You can file to enforce the original terms of the agreement and let a judge sort it out.
Answered on 8/13/09, 1:06 am