Asked almost 2 years ago - Oxford, MIFlag
The divorce paper was signed by the judge on Nov, 2010.My concerns are about: the ex didn’t pay the mortgage toward the house by about 1 year and half, and so, the house was sold by the bank on Oct 2010.The property was written in the divorce paper by his lawyer (but he wasn't the owner anymore); wasn’t that a fraud? It’s more to say about finding shortly after, a letter from the bank that explains all: the calls/facts, cancelling letter from the home insurance, how he lied that didn't have $ to pay the mortgage & house doesn't any value, but his tax return says different.After 6 months from the foreclosure sale,ex paid $28,000 and brought the mortgage payment current. Wasn’t that an intentional fraud?What should I do to get my share of value of the house? A do-over agreement is an option?
If you ex-spouse's attorney and ex-spouse represented that your ex-spouse still owned the house, it is not unusual that your attorney relied upon their representations. If this is what happened, the problem here isn't that your attorney committed malpractice; in my opinion, he or she did not. Rather, the problem is that your ex-spouse (and possibly his attorney) committed fraud. You should hire an attorney to file a motion to address this issue as soon as possible.
If, on the other hand, you are saying that your attorney had information in his/her file that showed that your ex-spouse no longer had the house and your attorney didn't catch that there was a problem and recommended that you go ahead and sign the fraudulent divorce paperwork, then you may very well have a case for legal malpractice against your attorney as well.
I urge you to talk to a lawyer. The first issue is whether or not there was any equity in your home at the time of the divorce. If your home had no equity and was underwater so to speak then if your husband bailed it out and saved it from foreclosure that would not impact you. If you are still on the mortgage it would help you. Again, more information is needed and you should definitely talk to a lawyer. Good luck to you.
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