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Richard, Attorney
Category: Legal
Satisfied Customers: 53669
Experience:  Attorney with 29 years of experience.
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My daughter in law received a duplex in a divorce settlement.

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My daughter in law received a duplex in a divorce settlement. Has been handling the property. Many problems. The divorce stated that she needed to get her exhusbands name off the property by 1. Sale ( it's up for sale). 2. Refinance (has not been able to as she is in bankrupcy due to debts incurred during divorce. Also the property was mortaged by the exhusband prior to the divorce so there is no equity now.
Now she has to get the roof fixed , that was damaged in a wind storm. She talked to a claims person and the claim was ok'd. The check was mailed but to the ex husband. It turns out the insurance company had not forwarded info regarding her award of the property in the divorce to the adjuster. Also the ex husband apparently had all the info regarding the property sent to him and because the info did not go to her the property is now being considered for forclosure. She has been trying to get info from the bank and they kept giving her the runaround. Immediately after the divorce all the papers were changed into her name but somewhere alond the line they have been changed back into the husbands name all this without her knowledge.
Now the husband is holding the check hostage. refuses to return it. She can not proceed without it to fix roof.
The insurance agent is giving her the run around and not persueing getting the check back.
Where do we go from here? Can banks change status with out notifiying both parties. When she was awarded the property the court stated that the husband was no longer
responcable for anything regarding it. We don't know where to go regarding this . Please help!

Good evening. Since the check does not belong to your husband, the insurance agent sent the check to the wrong party, and neither party is cooperating, your daughter should send a certified, return receipt requested letter addressed to both of them, explaining that the insurance funds belonged to her, the insurance company has failed to deliver them to her as required, and neither the insurance company nor her ex husband is cooperating in the check getting to the right party. I would tell them that the only innocent party here is your daughter and demand that they remedy this situation within a short specified period of time or you will be forced to pursue legal action, which shall include: i) failure to reasonably settle charges against the insurance company which subjects them to treble damages because they have effectively not settled with the proper party; ii) civil suit against the ex-husband for fraudulently keeping such proceeds; iii) criminal charges against the ex-husband for the theft of the funds; and iv) a formal complaint with the State Insurance Board for the insurer's actions. This should get the appropriate action. If it does not, she should follow through with these actions.



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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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