Q: Can you tell me what I need to do to enforce a court ordered judgment?
My ex-spouse was granted two years to refinance our home which he lives in after our divorce. He agreed that if he did not refinance within the allotted time, I am allowed by the court to force the sale of the property without any financial reward. He would be responsible to pay any short fall from the sale to cover the first and second mortgage. He has refused to refinance and it's been four years. How do I enforce the court ordered judgment and force the sale?
A:
You have to go back to court and seek a court order forcing the sale of the home. You would need to submit, at a minimum, the form FL-300 in order to do that. There is no way of knowing without seeing the first court order, but I would guess it was not self-executing. In other words, the first order only specifies what will happen if he doesn't sell the house. It doesn't actually set that mechanism in to motion.
Andy
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