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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I have 2 questions: 1) During my divorce I owned my house,

Customer Question

I have 2 questions: 1) During my divorce I owned my house, my name and only my name was listed on the mortgage and my ex somehow sold it without my signature. Isn't that considered fraud and even though it was many years ago do I have recourse?

2) While I was going through my divorce I consistly asked my attorney for help with a forensic accountant as I knew my ex was hiding his assests and she refused and so I am not financially stable.

3) Sorry I also have a third question, after my divorce I used a financial advisor and I found out since I'm not knowleable about finances, that he is not connected with the something, I forgot board, that he really screwed me, do I have any recourse?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

-Could you explain your situation a little more?
Was your name on the deed as well as the mortgage?

Was the disposition of the house covered in your divorce?

When was your divorce final?

Was the house sold while you were married or after the divorce?

Customer: replied 5 years ago.

My name was also on the deed. The house was to be divided, divorce was final in 2000, sold after the divorce and was sold for more than I was given.

Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - Unfortunately it is far too late to sue your attorney or anyone else for malpractice since the statute of limitations has long passed. There is no way that real estate can be transferred without your signature if your name is on the deed so if you never signed to sell the property then you would still have a legal interest in the real estate. What you would need to do is have an abstract of title performed to see how the property could have possibly been transferred without your signature. Then, if it is found that a transfer was done, either by forging your signature or without it you can file what is called a "lis pendens" action against the real estate to establish your interest in the property.

So, while it is too late to sue the attorney or the financial adviser it is not too late to see if there are any defects in the title to the real estate based on a fraudulent transfer. You can contact any local real estate title company to perform an abstract of title to see what happened to your interest in the property. The cost is relatively small and it should at least tell you if you have any chance of recovery from the sale.