Getting a new atty...?
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| Fri, 06-29-2007 - 4:56pm |
My divorce was final last November, but it's only recently that I've discovered that my atty has probably dropped the ball in a HUGE way. I went through about 130 emails from myself and my attorney from the past 2 years; found that last August she questioned whether the 50K line of credit on the house was actually spent on the house-- she had the suspicion that X used it for his business. She took X's atty's word that it was spent on the house. It wasn't until this JUNE that I learned that there were checks issued on this line of credit, and I could have copies of the checks from the bank. I got them, and ALL of them were for building X's storage building. My atty never followed up on this info last August, and I am paying this line of credit. Her email reply when I told her I was going to get copies of the checks? "Great idea!" DUH !!!! WHY didn't SHE get this info in writing last year?!! I think she knows that I am furious about this... she said, "It's only 50K, and besides it's water under the bridge at this point." I told her, "That 50K is going to come out of MY hide. It's NOT just chump change."
Also, I discovered that X's business propety was worth more than our family home at the time of the divorce... that wasn't in the settlement. The problems with X taking my Durango-- it hasn't been resolved after 2 months of not having a car to drive... I've asked her repeatedly where the money went in my marriage-- in fact I gave her all the financial info I had. She evidently never followed up on it.
I emailed her the other day:
<< This is ridiculous.
I have been paying for the Durango since the divorce, and prior to the divorce. I am paying the loan on the Durango, because it is in the house 65K refi.
The entire settlement was based on lies and misinformation. I want to go over everything; X has more than 50% of the marriage equity.
Lies & questions:
The 50K line of credit--- Lie
The Durango loan-- Lie and how did it get paid for? It's in the house refi
The valuation on the business property-- Lie of omission
What debt is on the business? -- never revealed.
In an email from you, dated August 19, 2006, you stated that you were concerned about several things that came up in the 4-way conference: "X will be getting more than 50% of the equity in the marriage"; and that "I have found the second mortgage on the house which is a home equity loan. It is for $50,000 and was taken out in May 2002. This greatly disturbs me because I am sure a lot went into the business." Is this what you said X's atty lied to you about? Why was this information not followed up on? I My mom and I got this information in 2 days, and 100% of that money went into the business. I understand about everything going into one pot and then divided, so I've done some figuring:
According to my research,
The business valuation for FY 2006 was 340,500. -- from the Assessor's office info
The house was valued at 281,300. -- from the Assessor's office info
That is 621,800.
$621,8000 divided by 2 is 310,900.
The line of credit and mortgage on the house is 115K.
That leaves me with 166,300., before everything else is paid off-- the 35K credit cards, your bill, my mom, my brother... I will end up with NOTHING, and X has an income property. My share of the business was $6,400.
Does he have a 115K debt on his business? He'd better, because I want to challenge this. This is NOT equitable, and it is NOT fair.
SusieYippin>>
My atty & I are supposed to get together to go over these recent issues that have come to light. At this point I'm ready to hire another attorney to open up the separation agreement, because to me, it was based on evidence not available to me at the time, as well as lies perpetrated by my X to the court. Yeesh, I'm so aggravated!

Yes, talk to another attorney. I hope they can give you encouraging news. My attorney said signed settlement agreements were final and not subject to change unless both parties agreed. That isn't likely in your case, is it?
Now, if there was fraud, maybe you will have a case.
If your attorney failed in their duty, maybe you have a claim against your attorney.
So, I think you are right to get a second opinion from another attorney.
GL.
M
Yes, it appears that my X lied, lied, lied, and my attorney was incompetent in her representation of my case. The entire settlement was based on misreprestented information, outright lies, and lies of omission.
I have an appointment with another attorney on July 10th. My attorney still hasn't gotten back to me yet on a time to meet with her. I'll have to give her a call.