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I live in Panama City Fl. My husband filed for divorce in Nov. 2006. Hired an attorney and paid 4,000 for help. We had two propertys (one foreclosed in Ala. Gulf Shores) Had an attorney in Ala very close to the husband   as husband did work for him. Now the condo in Panama city is about to foreclose and i have to go to court.
     The Judge awarded me the condo but with a 250,000 mortgage. I was not awarded any alimony or to sell the unit and split. My income is social securtiy. There was never a fincial accounting from husband as his income is higher "only in what he said." Never proof of what he has paid on the unit or taxes if any on the unit or house. The Judge honored the "non-producing of any documents and He is primary on the mortgage so I cannot even talk with the bank. Indymac which is bankrupt. Can you help? I did file like a hardship answer. Thanks XXXXX XXvaudais

Submitted: 140 days and 2 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION
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State/Country: Florida

Already Tried:
latest...........i filed bankruptcy.........that did not stop summary judgement and i told judge about the bankruptcy and he said he would wait to see papers where i filed and did not and then attorney for bank NEVER mentioned he had acknowledge on the bankruptcy      After paying an attorney 1500 dollars......so i need to know where i stand.....

Answer

Dear Shan,

 

Where do you stand?

 

It seems you have little recourse right now. It sounds like your attorney was not competent in this situation and you were there for not fairly represented. However there is not sufficient evidence to get this opened up and vacated. (overturned)

 

You could try to recover the damages, by suing your attorney for malpractice, but that would be expensive to fund.

 

You can try to bring the divorce settlement into court to ask for a modification. However if the bankruptcy was known by the court, then there would not know be a significant change in circumstances.

 

Spousal support is not always awarded, because it depends on several factors, including he length of time you were married, and how mobile you are in the work force.

 

Chances are, you should have been awarded some temporary spousal support.

 

One thing you can try is to discover his assets, and then to try to get this into court to modify or rearrange.

 

But since you were awarded the condos, and you also apparently had control of the mortgages that went with the condo, a court would not consider this his responsibility.

 

Your only relief from him it appears, post divorce, is to attempt to modify the decree, to provide spousal support.

 

One thing you could have done, and it may not be too late, is to file a motion to show cause in response to the judgment. The problem is, you said it was a summary judgment. Normally summary judgments are used when two parties agree to the general terms of the law suit. This does not preclude it from getting to trial. But if your attorney agreed to terms in your behalf, and they filed for a summary judgment, then any attempt to get the other side to show cause could be undermined. (it may not work)

 

I see you have had this issue addressed by several people and you have not accepted. It looks like, we are all giving similar information.

 

I am sorry you got treated this way in your divorce. But right now you have little recourse. You can attempt to get a modification, based on changing financial situation. That can also include evidence on your husband's assets that were not previously introduced. You can hire a detective to search out for his financial assets and physical holdings. They have proprietary sources that help them to discover these things.



Edited by BizMatters-law on 6/21/2009 at 1:29 PM

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Expert: BizMatters-law
Pos. Feedback: 100.0 %
Accepts: 319
Answered: 6/21/2009

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JD

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