Can my lawyer sue me for the legal fees that were supposed to be paid by my ex-husband according to the judgement received?: During my divorce my legal fees were awarded to be paid by my ex-husband (after 6 days of trial and the final judge decision), to be his responsibility but since than he filed for bankruptcy and there is a possibility that the fees might be dismissed. Now the lawyer who represented me has filed a law suit against me for the attorney fees along with prejudgement remedy against my house. All this time we had an understanding that my husband was the one responsible for the attorneys fees. What should I do to protect myself and my house, I am single mom with 3 kids.
Charles’s answer:
You need an attorney. Your lawyer has a suit against you, and your house has been liened.
While the obligation of your ex to pay may not be dischargeable, as between you and your lawyer, you had a contract to pay him, regardless of your ex's ability to pay. That's why he's suing you.
You may be well advised to take 2 courses of action: move to include your ex into the lawsuit as a third-party defendant; and file a motion for contempt along with a motion to stay your lawyer's suit.
I definitely think you need a lawyer to help you. The bad news is an attorney who is defending you in a case where you're being sued for unpaid fees will want to be paid upfront.
What rights do you have as a tenant on a house that is in the process of foreclosure?: my landlord has not paid the mortgage to the house I live in in almost a year or more and I just found out due to a state marshal serving papers to the house. im afraid ive been paying rent and nothing gets done. my land lord lives in jersey and I live in Hartford county he hasn't contacted us or even tried to get the rent money in almost three months now. what is it that im suppose to do in this situation? I have never missed a rent payment or been late paying him im worried that ill have to get out of my apt that ive been living in for a year and a half.
Charles’s answer:
Since 2009, federal law provided that leases would survive a foreclosure. The tenant could stay at least until the end of the lease, and month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any Connecticut's non-foreclosure notice period).
If the buyer of a property at a foreclosure auction intends to live on the property he may terminate a lease with 90 days' notice (even if the lease is for much longer).
Good luck.
I am buying a home with a life long friend who is married but may be getting divorced. Should I put him on the mortgage ?: He is not putting any money down on the down payment. Just helping me with money towards the mortgage.
Charles’s answer:
Just to clarify, the mortgage is a conditional deed that an owner/borrower signs over to a lender. If your friend is not an owner of the property, he would not properly sign a mortgage. Therefore your question implies to lawyers that you contemplate making your friend an owner, and my colleagues are rightly advising you that appears extremely unwise given the facts you laid out.
The question in my mind is will you be able to qualify for the mortgage loan only taking into consideration your own income? If that is not the case, having a co-borrower might be the only way to qualify. You need to take a cold hard look at this transaction, and determine what your options are. If you can afford it on your own, I'm unsure why your friend is involved.
If your friend remains involved, you'd also want to make sure your agreement is outlined in writing as these things occasionally go sour, and you want to make sure to memorialize everyone's rights and obligations.
I recommend you see a lawyer to discuss the transaction.