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I was trying to determine what damages to request, I know I have to specify what the damages were and how much. I have a copy of the check used to pay the attorney fees from the equity in the home, it was 46000. (we had two offers on the home which she ignored because she knew the offers were not enough to cover the mortgages AND her fees) I did not know this at the time. Also the market started to decline during this time and that contributed the house price having to go lower, (I wanted to reduce the price to sell ASAP) they refused to lower the price because they knew of the fees which needed to come from the equity also. All told, it was 20K BEFORE we entered into the property agreement and another 26K after. I would have never agreed to the terms of the property agreement (I was paying all the expenses and agreed to waive use and possession so he could live in the house at my expense until it sold. (this went on two years) all the while she was charging him (through the sister who had POA) her fees and they had no vested interested other than to cause more financial harm to me. I am positive I can prove the breach of fiduciary duty and concealment, I just needed to know what type of damages, was thinking the full amount of her fees because that is what I lost in equity of the home also. (I ended up refinancing it because that was the only way to settle it) I had to pay off my debt which I was required to disclose (attorney fees and I paid off the original HEL in full) I was making payments on all of these loans until the house sold so he could stay in it, all the while not knowing what they were doing. (using the equity through a secured interest and POA obtained prior to our divorce etc. I'm not trying to get the answer I want I know nothing is easy or just because I think it was wrong I will prevail. IF my complaint wasn't plausible, it seems it would have just been denied rather than a hearing to dismiss scheduled. Her motion to dismiss didn't hold water and she didn't deny my complaints or address them. I have to prove damages, I can prove the duty to disclose existed, that she intentionally hid the POA and why, I can prove the other factors, I just need to ask for damages (I can prove them) but the cleanest easiest to me, would be the fees and the amount lost through the contracts she refused to accept because she knew the fees needed to be paid. 46K. which encumbered the home without my approval or knowledge. thanks
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