Home Selling in 95125>Question Details

Trouble, Home Seller in 95125

The agent and ex-husband withholding info

Asked by Trouble, 95125 Thu Jun 14, 2012

The agents would not answer my phone calls or emails. My ex-husband wouldn't tell me anything so at the closing I find they he was 3 payments behind and it was taken off my share of profit or the house. What can be done and should I look into getting a lawyer..

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Robert Lei’s answer
Sorry to hear about your troubles. Did you have some sort of divorce agreement? Did you and/or your ex have a divorce attorney?

Check whether you can work it out without an attorney. However, if you need one, I know a real estate attorney that I can refer to you.
0 votes Thank Flag Link Mon Oct 15, 2012
Hi Trouble

Regret to hear of your problems. Clearly you have asked two questions on the board.

In response to the 3 months coming out of your share of profits, you will have to decide
whether it makes business sense to hire a lawyer or take you ex to small claims court.

Generally lawyers charge $250 to $500 an hour and it will take at least 10 plus hours to handle your case.

Good luck.

Perry
1 vote Thank Flag Link Sat Jun 16, 2012
I recommend you contact the attorney who handled your divorce settlement since that person is privy to the terms and conditions agreed to in the divorce decree between you and your ex-husband.
0 votes Thank Flag Link Fri Jun 15, 2012
This is a legal question which we are not qualified or licensed to advise on.

You say ex-husband. If you are divorced you should contact your divorce attorney as to what you and your ex agreed to in the divorce.

Escrow can not close without making sure everything is cleared from title, this includes late fees, property taxes, etc. As to the division of those it would be in your divorce papers or as agreed to by you and your (ex)husband.

You have options, and those options would be addressed by an attorney.
Web Reference: http://www.terrivellios.com
0 votes Thank Flag Link Fri Jun 15, 2012
If you are both on the loan & title an escrow officer has no choice but to split the amounts equally unless they have something in writing up front.
It sounds like you need to consult with your divorce attorney as to who was responsible for making the mortgage payments and the outcome of the split.
0 votes Thank Flag Link Fri Jun 15, 2012
You certainly need to consult with an attorney regarding this matter!
0 votes Thank Flag Link Fri Jun 15, 2012
Thank you, for your question:

Yes, as the others said, you need Attorney. This is a legal question. Also much more information is needed.

I recommend that you schedule at least a 20 minute interview with several Attorneys, to decide not only whether or not you wish to pursue the issue, but also which Attorney is best for you.
0 votes Thank Flag Link Fri Jun 15, 2012
I agree with the other agents, Talk to a real estate attorney and the agents broker. I'm sure you can get this sorted out. Please feel free to contact me with any questions.
At your service,
Allyson
408-705-6578
allyson@homesbyallyson.com
Certified Distressed Property Expert
0 votes Thank Flag Link Fri Jun 15, 2012
I answered your other question, also. I think you should talk to an attorney. First, you should talk to the real estate agents broker about what happened.
0 votes Thank Flag Link Thu Jun 14, 2012
Definitely get a lawyer. Real estate agents usually are not involved with the distribution of the sale proceeds. The title company does it based on the available documentation. Again, get a lawyer.
0 votes Thank Flag Link Thu Jun 14, 2012
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