My brother represented himself in his divorce case. He had an undiagnosed generalized anxiety disorder at the time. He clearly did not know what he was signing. He is now bankrupt, has stage four cancer, is on Disability, I support him and his ex-wife is suing for the equity in his home. I hired a lawyer for him, they had mediation today and apparently, having a lawyer was not necessary. All we got was what we know which is, "hey, you signed this document." Is there any recourse to any of this?
Country relating to Question: United States
State (if USA): New Jersey
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My brother's attorney does not want to go the incompetent route, nor does he. He has tow children that he is trying to keep visitation with. He functions, but is not capable of understanding certain (I don't even know what to call them) responsibilities. I have been supporting him (paying his mortgage) and my sister-in-law is aware of that. I put a lien on his house at the direction of his attorney. Her attorney is now requesting that I remove the lien so the children can have the equity for their college fund and she can get any back child support due her. Did I just get thrown under the bus?
Thank you for your follow-up, Jill.If he does not wish to pursue claims of incompetency, then the contract remains. The only other potential claim is for Fraud, specifically that the other party withheld or actively misrepresented material facts or omitted direct information which would have changed the outcome of the Settlement Agreement. It is also not a very strong claim, but it is all that he has left.In terms of removing the lien, you DO NOT have to do so if you believe the lien to be valid. I cannot tell you if you were 'thrown under the bus', but if he owes you money and admits to it, I do not see why and what interest you may have in removing the lien as you would then be unable to pursue him for redress.Good luck.Dimitry Esquire41110.1293020486
Thank you. The real answer is that he loses. He did not know what he was doing, but refuses to admit that. I placed the lien on his house because I wanted to stop her from taking his house. If I don't continue paying his mortgage the court will force him to sell. If I do continue it is only because his delusion is that he has a place to live and can be a "father" like he perceives himself to be. For him, home ownership is a sign of stability. His ex-wife has a house, health and a job. BotXXXXX XXXXXne - she wins because he was not competent. BYT - She left him and took the children. Thank you. You cannot solve my issues.
Thank you for your follow-up, Jill.I agree that he loses, but ultimately it may not be your job to play 'nurse-maid'. Please understand that I am not stating that with disrespect, but if he is unwilling to take the responsibility on for himself, even filial relations can only go so far. It is none of my knowledge as to what manner of a relationship you may have, but if you are solely paying down on the home so that he does not lose it, he does not have any incentive to get himself out of a position that he partially contributed to.Good luck.Dimitry Esquire41110.1439364236
Dimitry, Yes, I have a big heart. He is mentally hadicapped. My sister-in-law has her hands in my pockets. Not a legal problem. Again, he has not been able to keep a job and he now has cancer. She left before the inevitable collapse and so it goes...But, thank you for your time. I am satisifed.
You are most welcome, truly. I do wish you and your family the best.Thank you for stating that you are satisfied, could you also please rate my answer so that I could obtain credit for assisting you today. Thank you and be well.Dimitry Esquire41110.1498271181
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin
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