Legal Question in Family Law in Texas
Mortgage Lien
My 1990 Texas divorce decree includes the requirement that my exhusband execute a direct allotment from his military retirement pay to my bank account to cover the second mortgage on my rental house in Florida, with which he has complied and continues to date. I wish to sell this rental house before the total cost of the second lien is complete and will list it immediately. There is approximately $6.800 left to pay. He has refused to excelerate payoff. How can I continue to hold my exspouse responsible for this payment and clear the lien before or during the sale? If I pay if off myself, can I recover the funds from him?
2 Answers from Attorneys
Re: Mortgage Lien
This question is better directed to a Texas attorney, but probably you have provided insufficient information to answer the question. An attorney will need to review the entire judgment to give an opinion.
Re: Mortgage Lien
You would have file a motion to enforce the decree and clear your title to the property. You can seek attorneys fees for this action, but it would be up to the judge to allow attorneys fees. If you want my assistance with this matter, contact me by e-mail.