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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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I got a $5000 check from the foreclosure settlement involving

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I got a $5000 check from the foreclosure settlement involving B of A and others lenders. My ex wife's name is XXXXX XXXXX check along with mine. We were divorced in Feb of 2008 and she signed a "quit claim" deed as part of the divorce settlement. I then lost my job in April of 2008 which eventually lead to the foreclosure proceedings beginning in 2009. A) if I cannot locate her, what becomes of the check and is there any way I can cash it? B) if I do locate her and she wants some of the money I will need to know what my legal rights are in this matter. I'm ready to offer her $500 for her to sign the check but knowing her she will probably want half. Please advise! Please respond [email protected] or call.

XXXXX XXXXX (XXX-XXX-XXXX) or (XXX-XXX-XXXX)

LADYLAWYER :

Hi James,

LADYLAWYER :

Was the house in your name only at the time of foreclosure? Did you record the quit-claim deed from your wife? Have you contacted the lenders yet to see about getting the check in your name only based on the quit-claim deed your wife signed?

Customer:

The house was in both names at the time of the foreclosure. I assume my divorce lawyer recorded the Quit -claim document but I actually do not know what he did with it. Although the lender was B of A, the actual "paying agent" for the $5K check is Rust Consulting, INC. I call their help line but they advised me to contact an attorney.

LADYLAWYER : Nice. It just can't ever be easy, can it?
LADYLAWYER : I think the paying agent is going to be looking for proof that the house was in your name only at the time of foreclosure and also, that the quit claim deed is valid. They may even want to copy of the divorce decree.
Customer:

If these were biblical times I'd be "gnashing my teeth" and possibly "weeping" as well!

LADYLAWYER : All an attorney is going to do is write a letter to the paying agent telling them why the name on the check needs to be changed and supplying them with the evidence required to do so. You can do the same thing and pay a lot less.
LADYLAWYER : If you have trouble coming up with the documents, or if the lender isn't responding favorably to you, then you can always ask your ex to sign the check and offer her the $500 as you planned. But if she wants more, just file a motion to reopen/contempt with the family law judge that signed your divorce decree (or the presiding judge if that one is gone) and the judge will order her to sign it without you having to give her anything.
Customer:

Thank you very much!

LADYLAWYER : Please let me know if you have any further questions about this--I am happy to answer them! If not, would you kindly leave a positive rating for me at this time? It costs you nothing further to do but it is the only way the site will give me credit for my time. Thank you!
LADYLAWYER : Hey--sorry, for the delay, I didn't even know you were in the chat. I was just eating my dinner and taking my time posting to you. :)
LADYLAWYER : When I refreshed my screen, I could see your posts.
LADYLAWYER : Please just let me know if you have any other questions, thanks!
LADY LAWYER and 3 other Family Law Specialists are ready to help you
Hi James! Please let me know if you have any further questions about this--I am happy to answer them! If not, would you kindly leave a positive rating for me at this time? It costs you nothing further to do but it is the only way the site will give me credit for my time. Thank you!