Legal Question in Civil Litigation in Maine
duress
We paid off a lien by my husband's exwife back in December 02 and she has not lifted the lien which is causing us duress in acquiring refinancing. Her lawyer said she would take care of it over 3 weeks ago and now our closing cannot go through - can we sue her for something?
1 Answer from Attorneys
Re: duress
Although it is possible in general to file a motion and move the Court to Order that a settlement effected in a case be enforced, your question seems more directed at the goal of accomplishing financing.
It is difficult to answer your question without further considerations: Has your closing agent or financial representative contacted your ex wife's attorney to verify that the obligation has been satisfied? Was the payment made through her attorney? Do you otherwise have proof of the payoff that can be used even if she does not now co-operate? Are there oustanding child or spousal support obligations? Is there an actual refusal to co-operate or just a failure to respond?
Reviewing these issues may help you with accomplishing your goal.