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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Hello, My spouse left the house on her own accord months

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My spouse left the house on her own accord months ago. Her and her lawyer have avoided answering my documented requests for the mortgage information so I may attempt to pay. The mortgage company will not accept anything because I am not on the mortgage. I am only on the deed. I have a hearing set for relief but I fear that the home may go into foreclosure before that date.

Can I file an emergency motion or simply another motion that specifically asks for the account information to be disclosed and only that instanter?

Thank you in advance



You can request a subpoena from the court to obtain that information. Because you are on the Deed, it is marital property so you are entitled to try to protect your assets. You can obtain the subpoena request form from the clerk of the court where the matter is pending.


If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you



Edited by Samuel-II on 10/1/2010 at 7:03 PM EST
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