In January we settled in a final divorce trial where we were able to come to an agreement, the agreement was read into the record and was subsequently ordered verbally by the judge; the judge stated that my ex's lawyer could file the paperwork, it is now May and I'm being sued for the second mortgage which she was to indemnify me from any actions regarding the home which I had agreed to give to her. I will not sign any conveyance until she refinances the original and second mortgage as a condition precedent. I'm not in a financial position to get a transcript of the court records though I did get a of the trial CD, will that be inadmissible? We used the second mortgage for medical expenses and consolidating revolving debts. Trial on May 31 for debt Hearing for settlement language on July 3
Just because the settlement was reduced to writing doesn't mean you don't have a settlement. The recording is perfect evidence of the settlement. Either have your attorney submit a judgment, or file a motion to enforce the settlement.
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Actually being sued, or just get a collection letter? Did they file notice to foreclose, or actually file a foreclosure law suit? That would seem unlikely for a second mortgage holder, whose lien is junior to the first mortgage which would get paid first. You would have to have a lot of equity in the house for a second mortgage company to file for foreclosure before the first company. Or do you know for a fact that the first mortgage company has also not filed or given notice? Who is responsible for paying both monthly mortgage payments, and do you know if the first mortgage has been paid? You need to look into this. Perhaps your wife has tried but failed to qualify for refinancing. Also beware of your wife filing for bankruptcy and leaving you left on the hook for the mortgage and other joint debts. You really need legal representation. If you have no money, try contacting Legal Aid or the Bar Association for Montgomery County's Lawyer Referral Service (and ask for reduced fee lawyers).
You do not need a transcript of the trial, just the Judge's decision. It will not be expensive.
I am assuming you are representing yourself. You need an attorney who will get a postponement and sue your ex for indemnification in the same action that you are facing. Get an attorney now!
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