Pekin, IL asked in Divorce and Small Claims for Illinois

Q: Divorced 16 months, he hasn't taken my name off mortgage as ordered, he hasn't paid mortgage for 3 months.

My credit is starting to suffer, I feel I cant move on, how do I stop his perpetuation of this, do I have monetary recourse for credit issues? I just want off of the mortgage. Thank you.

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1 Lawyer Answer
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: This is a very common problem. You have to take him back to court on a Rule to Show Cause as to why he shouldn't be held in contempt of court for failing to refi. However, the court is not likely to hold him in contempt if he can prove he earnestly tried to refi, but couldn't get a lender to go along with the deal. It's a different story if he in fact qualifies for the loan, but was not motivated to go through the process.

Marilyn Johnson agrees with this answer

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