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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17886
Experience:  B.A.; M.B.A.; J.D.
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I am divorced . My ex got a check in the mail from the Independent

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I am divorced . My ex got a check in the mail from the Independent Foreclosure Review because our foreclosed house was part of the national banking settlement. It is issued in both of our names and they will not issue separate checks to people that are divorced. He wants me to sign it over to him and not split it. He states he deserves to get it because I did not send any paperwork in. I never received any papers to send in and the website www.independentforeclosurereview.com states that you did not have to send paperwork in by the required date to be eligible. The check is only good for 90 days and can not be cashed without both signatures. Will I need to obtain legal counsel to get the issue resolved?

Thanks,
Heather
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I am divorced . My ex got a check in the mail from the Independent Foreclosure Review because our foreclosed house was part of the national banking settlement. It is issued in both of our names and they will not issue separate checks to people that are divorced. He wants me to sign it over to him and not split it. He states he deserves to get it because I did not send any paperwork in. I never received any papers to send in and the website www.independentforeclosurereview.com states that you did not have to send paperwork in by the required date to be eligible. The check is only good for 90 days and can not be cashed without both signatures. Will I need to obtain legal counsel to get the issue resolved?



Response: You would need to get an Attorney to get it resolved. Both of you are entitled to the check regardless of who sent in the paperwork. You would need an Attorney that would take custody of the check once you signed it to make sure that you get your own portion. The Attorney would deposit the check in his/her trust account and then distribute the funds 50/50 after taking off his/her fee for resolving the dispute. As it is now, neither you nor your ex should be given the check to deposit. The deposit should be handled by an independent party who is then going to make sure that both of you get your share of the check.

If you had a divorce Attorney, you may check to see if the Attorney is willing to take care of this for you.

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