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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115449
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I had the RMC and I did have an attorney that did not

Customer Question

I had the RMC and I did have an attorney that did not represent me well at all. I had documents (foreclosure notice from our mortgage company, husbands name is ***** ***** loan and he won't return calls, meanwhile I am paying as much as I can, but got behind
due to paying all of the rest of the bills over the summer since he left on May 1st)that I wanted him to provide to the judge and my husbands attorney, which would have shut her down real fast-since the house was the first topic his attorney brought to the
judges attention. He wants to sell our home-I believe that the judge would have a ordered or granted me an emergency T.O. to compel my husband to pay the mortgage. I also had proof of where I was paying all bills. However, this attorney kept telling me to
be quite- and me not knowing that I could say anything I didn't-. I was so furious with this attorney. I fired him immediately after this was over. Is there a way that I can get to the judge and tell her what happened because this attorney is and was not even
assigned to my case by me-in other words I had not hired him- is or do I have some recourse, because our home is set to go into foreclosure 11-12-15? Again like an emergency order, that a new attorney a good attorney can write up and present now? I do have
a T.O. hearing set for 12-3-15- but this does me no good as far as our home is concerned. Please advise thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, since no final order has been entered yet in your case, you can go back to court at any time based on the significant change in circumstances to have the court issue an order for him to pay some or all of the mortgage.
You need to get a new attorney first and foremost. Once you do that, your new attorney can go to court with a motion for temporary support and ask the court to issue an order to make your husband pay at least his 1/2 share of the mortgage until such time the community property is decided.
You need to get a new attorney to file your motion to get temporary support for payment of his community share of the mortgage, that is the only way to correct this. You can file as an emergency order. Also, the attorney will file for an emergency stay of the foreclosure auction based on the divorce and that is a basis to stop the foreclosure auction as well.