Q: What recourse do I have?
A: Tell the truth.
Q: Can I record these conversations?
A: Yes, if you notify them that you are recording the conversation.
Q: Do I have to tell them that I am recording them?
A: See second answer.
Q: And, your thoughts on my having an attorney contact him instead of myself to negociate?
A: If it were me, I'd get 3/4 of what I owe and then ask the lawyer if he'd settle for that. If so, then send it to him and be sure to get a written satisfaction of judgment.
You borrowed the money and that means you owe it.
However, if I were you, I'd certainly be talking to the bank to find out if some kind of deal can be worked out.
This is an extremely complicated area of the law with few black and white answers.
You MUST get a tax CPA and an estate attorney involved.
There will be lots of uncomfortable questions.
Q: If my husband leaves the house, which is in both of our names, and is no longer contributing to the mortgage, does he give up his claim to the house?
A: No.