Legal Question in Family Law in Texas
mediation, divorce,
These were decided in mediation. This divorce is in Texas. The divorce decree is signed by judge.
We both have an outstanding mortgage against a $218K house for $78K. The court awarded him the house and the entire mortgage. I sold him the 4 acres for $40K only if he could get a loan to pay me, or the house would be sold and the first $48K would be paid to me after pro rata sales. Now the house is in foreclosure. So, do I file a lawsuit against the mortgage company to protect my $48K or is that deal defunct. But then I am not about to loose the 4 acres as agreed to in the mediation either. He has also not finished signing over the 5 and 4 acres deed of trust. Can I file a motion to enforce and simply request the judge to order them to sign? But I really need to know the first part of suing the mortgage company. Thank you.
1. I kept 5 acres
2. I kept 4 acres
He kept house and mortgage total $218K.
2 Answers from Attorneys
Re: mediation, divorce,
You never had a deal with the mortgage co. Your deal was with him. You should file a motion in your divorce to disregard that portion of the deal that concerned sale for $48K. Get a lawyer. This is not a simple matter.
Re: mediation, divorce,
Surely you didn't do all this this without an attorney?!? Talk to your original attorney or get a new one now. This is not and never was something you could DIY.
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