Author Topic: Bankruptcy and dealing with ex-husband  (Read 2667 times)

0 Members and 1 Guest are viewing this topic.

Bruno the JDB Killer

  • Posts: 14304
Re: Bankruptcy and dealing with ex-husband
« Reply #15 on: April 23, 2017 04:48:14 PM »
NO state requires the representing attorney do "due diligence" and determine what could not be fulfilled in a divorce decree.

Oh, but they do. Lawyers are subject to the RPC in every state. Rule 1.3 is quite specific. It can be addressed as a bar complaint or as a a malpractice suit which, as pointed out, is not for the inexperienced. Strictly do it yourself.

This could have been discovered with a simple credit check, but Mr. Lawyer didn't bother. Instead, he drafted an agreement his client cannot hope to fulfill. Cute.

As for the civil courts giving a petitioner relief on a specific compliance action, he has a wide range of discretion from ordering the "ex" to refinance immediately, or, if he cannot, to execute a second mortgage to the OP with specific mortgage payments to make her whole.

The court can only attempt to enforce the agreement as they find it. They cannot force a bank to issue a mortgage, be it first or second if the person is not qualified.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.