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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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My husbands divorce attorney set up an escrow fund with our

Customer Question

My husbands divorce attorney set up an escrow fund with our liquid marital assets and has full control of the fund. By court order my attorney was also to be named on the account and she is not. Husband attorney just issued a 6573.12 check from that account that was also in violation of the court order and I have no recourse to recoup the funds.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
Our court order reads that an Escrow account is to be set up in the names of both parties attorney's. It also reads that the only funds that are to be issued from this account are payments to the mortgage company and for husbands unreiumbursed medical bills (proof required) until further order of court OR by written agreement of parties.March 2015 parties agreed to short sale the marital residence and went under contract with the court recommended short sale specialists. Requirements of short sale are that the mortgage be in default. We were advised to cease issuing payments to the mortgage company and husbands attorney complied for 3 months. She then (without agreement of parties) issued payment in excess of the balance due to parties mortgage company bringing the account into a credit. By doing so, she depleted our assets to the tune of $6573.12 and circumvented any forthcoming short sale offer.The credit score of the parties has also been signifigantly lowered yet we both sit here with a mortgage in a credit balance.Wife contacted the bank holding the Escrow funds to inquire as to the balance of the account and learned that husbands attorney has full control and that no one but husbands attorney can access such information.At this point, I have no idea as to the balance or transactions from this account. It began in excess of $151,000.
Customer: replied 1 year ago.
What PA civil and or criminal laws have been broken? And what is my legal recourse to get my funds back and to get this woman removed from this account?
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. If you have a court order requiring both parties to be on this escrow account then you attorney should be working with the other attorney to get the other attorneys name on the account. This would require that tour attorney request to be added. If the other attorney refuses then tour attorney should petition the court and file a motion to compel to have your attorney added. This might be a case where the other attorney has no power to add other parties and if so the problem is with the bank in which the account is held. It might simply be for your attorney to show the bank the court order to allow the bank to add your attorney to the account. This might simply be a misunderstanding but your attorney needs to be filing a motion to compel if the other attorney is circumventing the court order. There are many explanations for the overpayment to the mortgage company including mistake. If it is an overpayment, you should be due return of the overpayment from the mortgage company. Without more facts there does not seem to be anything wrongful here unless the funds were paid for the gain of the other attorney or your ex husband. If the circumvention of the short sale was intentional and against the agreement of the parties then a motion should be filed and this issue heard before the court. If the other attorney has wrongfully made payments or circumvented certain agreements then the court will hear the issue and punish the attorney and/or ex husband. At this point the first step would your attorney to receive an accounting of the account (if your attorney can't from the other attorney then a motion to compel accounting before the divorce judge). If there is any activity on the account outside of the court rules then a motion should be brought before the divorce judge. This should all be able to be accomplished before this judge including any reimbursements or remedies. With the facts presented it is difficult to see any criminal or civil charges outside of remedies with the divorce judge. It sounds like you need to get your attorney into action and your attorney needs to assert your rights. If there were any wrongful charges to the account, your divorce judge should be able to remedy tyem. Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated (there should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic).
Expert:  Christopher B, Esq replied 1 year ago.
Just checking back with this question, do you have any further question? If not, please positively rate my answer as it is the only way I will be compensated (there should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic).
Expert:  Christopher B, Esq replied 1 year ago.
Any chance for a positive rating?

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