Q: I divorce my husband and have 2 properties but these properties have judgements from a business he owned. what can i do
My ex had judgments against him that i was unaware of when we divorced. Now I have 2 homes that I thought have equity in them based off of the mortgages but I can't refi or get any equity out with the judgements attached. What can be done. I was awarded both properties in the divorce..
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A: Only a mortgage foreclosure defense and matrimonial attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in-person consultation. You need to retain the best mortgage foreclosure defense and matrimonial attorney you can afford. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck
A:
Hello and thanks for your question. This is, I'm sure, terribly frustrating for you and seeing a good family law attorney for at least a consultation is a great idea. In the meantime, let me offer you some general advice, based on the information you have given, here. Please know that an attorney helping you will need much more information from you and would definitely need to review your divorce file before giving you detailed advice. For example, were you represented by an attorney in the divorce? Did you go through the discovery process where you asked your ex for all documents related to the case? Did he purposefully hide the judgments against him from you during the process? Of course, don't be too detailed here in the public forum. Just know that this information would be needed going forward.
For now, it may be possible to reopen your judgment of divorce if your ex purposefully defrauded you. There is a statute that governs how and when a final judgment can be changed/overturned. It's not easy and the statute is a little complex, but it can be done provided you meet all the criteria in the statute and you are filing to reopen the case within enough time.
Again, talk with a family law attorney to get a really clear idea of a plan of action going forward. Many offer free consults as we do. Best of luck! Regards, Bari.
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