-Could you explain your situation a little more?Was your name on the deed as well as the mortgage?
Was the disposition of the house covered in your divorce?
When was your divorce final?
Was the house sold while you were married or after the divorce?
My name was also on the deed. The house was to be divided, divorce was final in 2000, sold after the divorce and was sold for more than I was given.
Dear JACUSTOMER - Unfortunately it is far too late to sue your attorney or anyone else for malpractice since the statute of limitations has long passed. There is no way that real estate can be transferred without your signature if your name is on the deed so if you never signed to sell the property then you would still have a legal interest in the real estate. What you would need to do is have an abstract of title performed to see how the property could have possibly been transferred without your signature. Then, if it is found that a transfer was done, either by forging your signature or without it you can file what is called a "lis pendens" action against the real estate to establish your interest in the property.
So, while it is too late to sue the attorney or the financial adviser it is not too late to see if there are any defects in the title to the real estate based on a fraudulent transfer. You can contact any local real estate title company to perform an abstract of title to see what happened to your interest in the property. The cost is relatively small and it should at least tell you if you have any chance of recovery from the sale.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).