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Creditors and Bankruptcy/execution on levy of ex-husbands liens
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Question
I've been divorced for 8 years and per my divorce decree my ex-husband and I are tenants in common. And at the time of sale of the house I have to pay him 1/2 the equity in the house even though I pay the mortgage totally on my own. Since the divorce my ex-husband has put 2 liens on the property and one of the lienholders has put an execution on the property. I have never missed a mortgage payment nor been late on a mortgage payment. I tried to refinance the house twice to buy him out but after I paid all the fees to refinance including appraisals he refused to sign as he wanted more money and now I'm being told that even though his liens total more than 1/2 the equity in the house, if I don't refinance I will lose the house to the lienholder. I have paid a lawyer $3,000 dollars 3 years ago and she has done nothing. I have no more money to get another lawyer. And I don't know where to go for help. It seems totally unfair that my children and I will lose a house that I have been paying for on my own for the last 8 years because of liens my ex-husband has put on the property.
What are the liens for? If he is part owner in the house he has to approve the sale but why would he need a lien. Are there other moneys owed? I may need more information.
It appears your attorney just took your money. You may want to prompt her to do her job by contacting the state supreme court attorney disciplinary board. See if they can push her to do something. This is a legal matter that requires legal counsel.
I have my opinions but they may not amount to much. You may want to contact the divorce courts and ask that they push your x to agree to an independent appraisal. Then try to refinance or sell the property for close to the appraised value. Property values are going down and he may not realize as much today as he wants.
Seek legal counsel before you do anything else.. Look on line for your state supreme court and follow their complaint procedure against the attorney. This might push her to take care of things.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. We are well versed in Loss Mitigation practices and the legal collection process. We have helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. We actively promote Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
28 years in financial services industry as a loan officer and debt collctor. Developed bankruptcy and loss prevention manual for large finance company for manager training. 15 years as a debt counselor and consumer advocate.
Education/Credentials
Veterans sponsored OJT Manager Candidate Scool for AVCO Financial Services, Keystones to Management for ITT Financial Services, Certified Finance Management for Associates Financial Services.
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