Ask Me Help Desk - How does an X get away with Fraud and breaching the contract?

My X scammed me... My lawyer screwed me... point blank and is getting away with it! I've already paid out over $35,000 to a real estate/divorce attorney to gain nothing except for my lawyer to try and cover up her major screw ups. My goal from the beginning was to sue my X for breaching a contract and fraud. Our legal separation which ended up with me racing for the law to do something to protect me ended up in divorce but my X has not done anything that was agreed on. He was supposed to refinance the house that he chose to stay in and buy me out PLUS free me 100% of any financial obligation to the home. He made the mortgage payments from the time I left in 2004 every month up until the legal separation agreement was signed. Stupid me, never imagined in a million years what was to come... the mortgage note was solely in my name, which I had refinanced for him to lower the payment. He discontinued making payments 3 months after we signed a LEGAL contract. When I noticed that he was not making the payments I approached him with a buyout and he agreed (I offered $50,000 more then what I was going to get). I paid my divorce lawyer $750 then whoosh he fell off the face of the earth and by the time we made it to divorce court I had just weeks earlier stopped a foreclosure he had intentionally tried to happen behind my back so a 'family' member could buy it at the auction block - he actually testified to that in court! After I went before the judge to postpone the foreclosure because I had never been officially served with papers (my x signed MY papers without my knowledge) I managed to get a loan modification on the home thinking that the 'Legal System' would not let him get away with his scam. He destroyed my credit and is presently destroying my life too. I hired an attorney to sue my X for breach of contract and fraud - (I was able to prove that he had NEVER been approved for refinancing let alone buy me out, which I was falsely misled to believe at the signing of the agreement). She went over the loan modification agreement and led me to believe that I would not have to make the first $1450.43 payment that I have been stuck with making for almost a year. I informed my attorney that he had been very secretive about any job that he had after I found out that he had quit the job he had at the signing of the papers and probably was comfortable not working at all while he continued to live 'mortgage free' - going on OVER 2 years now. I am devastested. The one job we did find out that he had, he somehow managed to talk his employer to not garnish his wages which had been court ordered... I literally started losing my sanity. My x's mom has a life estate on the property and her home that she signed over to us 5 years previous to us building an additional home on the property. Like I said, I hired an attorney to sue my X and force the sell of the home. I have paid out over $35,000 and NOW over a year later am being 'advised' by my lawyer (she just found out) - there is absolutely nothing we can do with the property even though she was appointed TRUSTEE to sell the home I need to pay to 'vacate her as TRUSTEE' because it would be in conflict of interest. She had been appointed TRUSTEE months ago and I could not understand what the hold up was with her putting it on the market. She flat out lied to me twice and said it was on the market when it wasn't. PLUS NOW she also informs me that my X's mom has total control over who can live in the house that I had built on the property. I am blown away... it was court ordered... I paid A lot of money and had told her about the life estate from the beginning. All my attorney wants now is for me to forget about the lawsuit (I've already have paid over $4,000 for and STILL has not been produced, been getting the run around about that also). I am sick with grief. I had to go out on stress leave from my job of 29 years because I am unable to function with the reality that my X is actually getting away with his scam, destroying me financially & mentally and the legal system can do nothing to protect me. I have learned that the system only protects the bad guy and prevents the good guy from literally seeking any justice. There is no such thing. My X lied to me and my attorney lied to me; and I am still stuck making the mortgage payment every month while he continues to live there for free... no where to turn. The home I am in is going into foreclosure... I will soon be the first employed person to be homeless - I JUST DO NOT GET IT. I will never trust again. I just wish someone could advise me on what to do to get my life back and to make my X pay for what he has done to me. Legally, he owes me $90,000 - but here's the kicker, he doesn't work and it cost me WAY too much to find out through the legal system about the last job he got paid a big $8.50 an hour for (which I'm sure his employer lied about that too). TRUSTLESS -- I'm literally living a nightmare and have no where to turn. I'm broke and about to lose the home I'm living in. I didn't think it was legal (whatever that really means) to have a friend or family member buy a home at short sale or foreclosure?? Does anybody know? Trying to regain SOME sanity... HELP ME!

Are you actually divorced or not ? If the order came down from family court then there is no sueing over it. You would take him back to court for contempt. Also to compell the sale. If he refuses then you get an order that he is a hostile party and its then in your hands to get it up for sale. And he is left out of the process. If you end up losing money or your dignity that you feel you should be compensated for then you can sue in a different court. That would be a civil action. There you can seek a jury trial and have your day in court. Is it legal for a family member to buy property in foreclosure ? ( yes ). Its in foreclosure anyone can buy it. Your post wasn't clear on how the MIL can state who lives in the home.. we need more specifics to answer that. So what your looking at inorder to get out of your situation is taking what you have and taking him to court for contempt. The once you have a judgement then take it to civil court for relief or compensation. What did the dourts determine at the divorce ( if you completed it ) was the status of the home ? Was it community property ?

one X not refi the home and leaving the other with debt is common, happens in more most likely than it does not happen in.

And anyone but the current owner can buy at a foreclosure,

what you are saying is basically what normally happens in cases like this,

Quote:

Originally Posted by califdadof3

Are you actually divorced or not ? If the order came down from family court then there is no sueing over it. You would take him back to court for contempt. Also to compell the sale. If he refuses then you get an order that he is a hostile party and its then in your hands to get it up for sale. And he is left out of the process. If you end up losing money or your dignity that you feel you should be compensated for then you can sue in a different court. That would be a civil action. There you can seek a jury trial and have your day in court. Is it legal for a family member to buy property in forclosure ? ( yes ). Its in forclosure anyone can buy it. Your post wasnt clear on how the MIL can state who lives in the home .. we need more specifics to answer that. So what your looking at inorder to get out of your situation is taking what you have and taking him to court for contempt. The once you have a judgement then take it to civil court for relief or compensation. What did the dourts determine at the divorce ( if you completed it ) was the status of the home ? Was it community property ?

Yes, granted absolute divorce 11/21/08 when he was at that time one year behind in making any mortgage payment and awarded judgment against X for buy out that was agreed in contract. The legal agreement specifically said he would remain in the home and refinance in his name, be responsible for home financially and I would be financially responsible for TH I purchased under false pretenses because X promised I would be receiving my 'buy out' any week. Once I purchased TH & 3 months after signing legal separation agreement is when he completely stopped making the mortgage payments that he is legally obligated to do so. He conned me and w/ purchase of TH thought I would be financially strapped to pursue him legally for breach of contract. I had built on same property of his mom 5 years after she signed the property & her home over to us. Lawyer explained that the "Life Estate" that were included with the papers was to protect her from ever being forced out of her home or off the property, which was fine; but was also told besides her security to never be removed, we had full reign of all decisions made. I was completely used by him and his mother. The house, he continues to live in 'mortgage free' going over 2 years now, would never had been built if it hadn't been for me. He had been on workers comp(after 8 knew surgeries) and wasn't bringing in enough to pay his own bills. I didn't waste any time hiring an attorney that specialized in real estate/family law/divorce and I specifically hired her to sue my X which got started on soon after hiring her and so far have paid over $4,000. In consultation, it was explained to me, the only way to get my money would be to force the sale of the home. Lawsuit, force sale of home although it would be difficult with the Life Estate. I have spent literally over $35,000 that has gotten me no where except when my lawyer got the court to immediately force the sale of the home and also requested, for her to become TRUSTEE in charge to make this happen (which was supposed to have been a huge benefit in my favor and I paid a lot of money for, but was worth it because something finally was going in my favor) Both my lawyer and the paralegal who also worked in her office were thrilled by the Judge's decision and things were looking up. Then the last hearing we had with a new lawyer she hired into the firm in November, my X was found in contempt in which he was ordered to pay me back every penny I had so far paid toward his mortgage in a 90 day timeframe. The couple of thousand it took for this was worth every penny - finally! I don't understand why this action hadn't been done sooner? Neither lawyer, don't think that he'll pay me) The initial $35,000 paid for attorney fees is sickening to think about. I know every bill I received after she became TRUSTEE I was getting charged outrageous amounts for any type of TRUSTEE research, etc. I haven't been able to get a hold of my lawyer forever, which is nothing new - I had to pop in her office unannounced back in September because I had to get some answers of great importance. Specifically, my boyfriend had lost his job and I wanted to discontinue making my X's mortgage so I could pay the mortgage of the home I was living in to prevent it from going into foreclosure. Both my boyfriend and I 'popped in' her office to hear her answer. He did not want me to pay anything toward his mortgage because I had come so far with the legal case it didn't make sense to him for me to put the brakes on. So after the attorney, point blank told both of us, that absolutely do not stop paying the mortgage on the house my X was living in... everything was going my way and with her being TRUSTEE, I could finally get what was owed to me and when I questioned her why the house wasn'T already on the market, she just explained that it was going to be difficult because of the Life Estate but would have it on the market the following day. Over a month later, house still not on the market. I called her, which I was shocked she took my call and asked why the heck the house had not been put on the market - I could not continue to pay the mortgage and was desperate to get it sold. She point blank said "I will have it on the market by the end of the day". She lied. I am sick with grief... and cannot believe, after I emailed a desperate cry for help and answers as to what was going on? I received a call not 10 minutes later by her 'new attorney' who explained to me that my lawyer could not be TRUSTEE and that I need to 'vacate her as TRUSTEE and request a new one'. I am in total disbelief. My only action would be to start from ground zero by letting it go into Foreclosure, so his family can buy it OR continue making the mortgage payment until my X's mom passes away, then get a new TRUSTEE to sell it. What's even more upsetting, the house that I am living in that I haven't helped with in anyway financially is going into foreclosure... I am living a complete nightmare and have been absolutely misrepresented. I'm stunned and so stressed out that I had to go out on 'stress leave' from my job of 29 years. My lawyer's 'new attorney' explained to me totally different facts in regards to the Life Estate and all this time have paid every bill in full thinking that I had to put my trust in her. Now, she claims the lawsuit I have paid soooo much money toward, she doesn't think I should pursue since I told her I was pretty much tapped out financially. THAT was my main goal when I hired her, period. Lawsuit, force the sale of the house and over $35,000 - nothing, notta, zip. Hopefully the next court hearing that my x will be in contempt if he doesn't pay me, he will get incarcerated. I can't believe that he continues to get away with breaching out contract. I can't take much more of all the lies I have endured since 2005. I am barely hanging on by a thread and don't know where to turn.

Didn't your attorney bring anything before the Judge who divorced you? Like contempt for not selling the house? I don't understand why and how you kept this incompetent attorney on your case if they didn't bring anything before the Judge in Motions for Contempt hearings? You would have won easily as they defied the Judge's orders.

And no, you are not the first person to be homeless and have a job.

You should have gotten a different attorney immediately once you were jerked around by that incompetent. Have you tried replacing this attorney with a different one?

You keep rambling on and on how you've been screwed over but somehow I don't understand why you would stay with such an illadvised attorney who apparently knows nothing about the case's particular ramifications for so long? I'm frankly baffied at you.

If somebody can boil this down to what is important, I'm happy to answer.

Otherwise...

And, yes, even after TRYING to read it all I get is the "screwed over" part - and no reasons.

Have you read a copy of the life estate yourself? Also who does it mention leaving the property to and was it changed at any time ?
Another thing that you need to be doing is hammering him in Family court and stop thinking law suit. Its 2 different areas.

Quote:

Originally Posted by JudyKayTee

If somebody can boil this down to what is important, I'm happy to answer.

Otherwise ...

And, yes, even after TRYING to read it all I get is the "screwed over" part - and no reasons.

From the sounds of it someone was incompetent and should be reported to the bar for their actions. Another thing is that in a case like this it should be loser pays. And op shouldn't have to keep paying fees to litigate these types of actions. They belong in family court first.. Then other courts for decisions on the life estate itself ( clarification ).

Quote:

Originally Posted by twinkiedooter

Didn't your attorney bring anything before the Judge who divorced you? Like contempt for not selling the house? i don't understand why and how you kept this incompetent attorney on your case if they didn't bring anything before the Judge in Motions for Contempt hearings? You would have won easily as they defied the Judge's orders.

And no, you are not the first person to be homeless and have a job.

You should have gotten a different attorney immediately once you were jerked around by that incompetent. Have you tried replacing this attorney with a different one?

You keep rambling on and on how you've been screwed over but somehow I don't understand why you would stay with such an illadvised attorney who apparently knows nothing about the case's particular ramifications for so long? I'm frankly baffied at you.

Hind sights 20-20... My lawyer misguided me and I was unaware of the actual ramifications until 1/8/2010 when I received a letter (I said I wanted in writing after being told by phone) that I had to 'vacate her as TRUSTEE' because of conflict of interest because of my X could actually sue her for 'conflict of interest'. She didn't even have the gusts to tell me, her 'new' attorney in her office did. She strung me along regarding the sell of the home. When the courts ordered immediate sale of the home and appointed my lawyer TRUSTEE was supposedly a victory and was led to believe so. With it court ordered, I believed it was in my favor; which technically it was; when I asked about it being court ordered on 1/8 I was told that the "Judge" doesn't always look at the whole picture and the ramification of a possible lawsuit. I believe my lawyer weighed between me taking legal action against her or my X after she actually did the research on TRUSTEE and strongly believe since she knows the toll this has all taken on me and me being out on 'stress leave' that I would be her less likely cadidate to pursue any action against her. Plus, she knows I have limited funds at present to pay another lawyer and my X has a probono lawyer. I need to find an attorney that will take action against my attorney and pursue the "Complaint/Lawsuit" (that I've already paid my lawyer fo) hopefully on collecting their money on a percentage of the settlement I'm sure that I can win. March 18 is the follow-up hearing for contempt against my X and will be able to hopefully have more foundation on what to do next. In the meanwhile, anybody know a REAL attorney in Baltimore County, Anne Arundel County, or PG County that would be willing to take my case? All the court hearings have been held in Queen Anne County, but I live in Baltimore County.

Quote:

Originally Posted by twinkiedooter

Didn't your attorney bring anything before the Judge who divorced you? Like contempt for not selling the house? i don't understand why and how you kept this incompetent attorney on your case if they didn't bring anything before the Judge in Motions for Contempt hearings? You would have won easily as they defied the Judge's orders.

And no, you are not the first person to be homeless and have a job.

You should have gotten a different attorney immediately once you were jerked around by that incompetent. Have you tried replacing this attorney with a different one?

You keep rambling on and on how you've been screwed over but somehow I don't understand why you would stay with such an illadvised attorney who apparently knows nothing about the case's particular ramifications for so long? I'm frankly baffied at you.

My first bill was over $8,000 and believed in my attorney at the time that she was looking out for my best interest - Stupid, I know, but have never been in such a screwed up situation and put my trust in her. The last hearing held in Nov. 3 was a Motions for Contempt and a judgement against my X to pay for all the mortgage payments that he refuses to pay, but my attorney and I both don't think it will get paid and YES that means he will be in contempt but won't find out until 3/18 what repercussions will follow when he doesn't pay me. He just keeps getting away with breaching the contract in all aspects regarding the home he is living in and I'v been forced to pay. Now as for contempt for not selling the house? You gave me an idea... I wonder if I can get my lawyer somehow for contempt? She was the one who filed for appropriate relief to force the sell and become TRUSTEE. I am dumbfounded that she thinks I would actually pay to 'Vacate her as TRUSTEE' and pay to get another TRUSTEE to sell. Isn't this contempt on her part? I know it's representation and need an REAL attorney that can get my life back - Unfortuntely all my savings (even depleted my 401k - hardship) have been pretty much depleted and it seems you need money to get an attorney to really fight for you, even if you're in the right. Knowing the amount of money I have paid out the my attorney is outrageous and look at the representation that I DIDN'T GET.

No, you can't "get" your Attorney for conempt. You can report your Attorney for incompetence or plain old stupidity. If you were not properly represented, report "her" to the Bar Association. There are Attorneys who specialize in legal malpractice cases. Call one of them.

Quote:

Originally Posted by califdadof3

Have you read a copy of the life estate yourself? Also who does it mention leaving the property to and was it changed at any time ?
Another thing that you need to be doing is hammering him in Family court and stop thinking law suit. Its 2 different areas.

When X's mom first signed it over to him (we were married and my name was added to the deed), I was able to read it and understood that the Life Estate protected her from being removed from her home... period. In decisions made were solely up to us. Good question though, I guarantee my lawyer hasn't read it. I know she lied to me a few months back when she non-chalantly told me that she was the one to confront the propbono lawyer my X managed to get that 'She hoped the momma would step up to the plate and do the right thing'... which totally caught me off guard. Looking back I know for a fact since it was the very first time my lawyer had even spoke to the other lawyer... it was my X's lawyer that brought this crazy piece of information to my lawyer... think about - Why in God's name would my lawyer bring such a pertinent piece of information to the enemy that would totally screw me. She was just covering her tracks. But good question to ask my lawyer, because as far as I know she hasn't actually read this particular Life Estate... I mean she jumped in feet first and was made aware of the Life Estate from the very beginning... I'm sure there are different scenarios surrounding Life Estates and if she was able to change it to word it different after or before the legal separtion contract was signed, I would think that I could fight that in court. Good point.. I wonder if this public record and I'm now curious if my lawyer went on the word of X's lawyer or if she actually knows the facts. Too strange for months we were rolling getting the courts to grant an immediate sale of the home and her becoming TRUSTEE, which again, I paid a lot of money for and months after - she decides to play dodge ball? She never responds to me, but I should email her and specifically ask her if she has in fact read the Life Estate that has managed to undo everything that has been court ordered. Thanks for the heads up...

Time to close this thread - less about legal advice and more about what/where/how (and no one knows how or what anyone else thinks) and is taking away from other people with questions.

Quote:

Originally Posted by JudyKayTee

No, you can't "get" your Attorney for conempt. You can report your Attorney for incompetence or plain old stupidity. If you were not properly represented, report "her" to the Bar Association. There are Attorneys who specialize in legal malpractice cases. Call one of them.

Thanks for the advice... I started looking into trying to find an attorney that would take my case and have already been turned down from the
First one through a website link and they just responded "Sorry we can't be of service to you' - they specialized in LEGAL MISPRESENTATION. I think it's difficult to find an attorney to take legal action against another attorney and even so, at this point in time it scares me that I wouldn't be able to afford it. I'll keep looking, I'm not one to give up so easily when I know my lawyer's action were totally inappropriate. I have to get my story understood by a trusted attorney, who would hopefully (by someone else's suggestion) go for a settlement against my attorney and if she has malpractice insurance, choose to settle before it went to court and new attorney would get a percentage of any settlement that was agreed. I have to get a respected attorney to hear the WHOLE story and willing to move forward to seek justice.