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Ray NC law RE: Equitable Distribution and Consent Order. I…

Hello RayNC law RE: Equitable Distribution...
Hello RayNC law
RE: Equitable Distribution and Consent Order.I understand a Consent Order is just that. The parties agreed and consented to certain things. As such, I believe this is typically not subject to appeal or other such motions, HOWEVER, in this matter a Rule 60 motion (Fraud) was filed subsequent to discovering the plaintiff's appraiser did falsify his appraisal of the marital home, and rental value of said home. This motion is currently pending.
My question is; based on the Rule 60 motion, if a Consent Order can be set aside, or appealed or otherwise, because I would not have consented if I had known the appraiser falsified his appraisal in favor of his client. For your knowledge, this fraud is a significant amount of money (Six figures). The Consent Order is also a large sum of money.Thank you.
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1/9/2018
RayAnswers
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Certainly you can try to set aside a consent order for fraud.That is a valid exception to such a consent order, had you known what you know now you would not have agreed to it.This is your next step, hopefully court agrees, if you are denied you would have to take it up tot he court of appeals like any other appeal of final order.

I hope they will agree here and reopen this matter.Fraud is a rare and unforeseen matter.You could not have know at the time that there was this serious misinformation and fraud involved.Hopefully the co rut agree with you.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 7 months ago
Thank you Ray.
To be clear, [currently] the fraud motion is specific to the plaintiff's falsified appraisal. I'm saying I would not have agreed to the consent order if I knew his appraisal was falsified because this changes the $$'s.

Yes this is your remedy to claim fraud and seek to set it aside as the underlying appraisal was fraudulent and you were mislead or induced into giving consent.

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Customer reply replied 7 months ago
Very good. Thank you Ray.

Have a great day.Talk to you again soon.

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