Posted by Alyse on 7/02/04

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We are legally divorced, and the home has both names on it.
Also, the insurance policy has both names on it. Ex-hubby
had 180 days to refinance, give me equity and pay off
obligations, then the home would be his. If he didn't then
home to be sold, obligations paid, and balance to me.
His time expired March 2004, and he hadn't fulfilled his
obligation.

May 2004, home is destroyed in tornado (Saginaw, MI). Ex-
hubby files claim and insurance company cuts him $3,000
check that night for immediate expenses, and gives him
fully furnished apartment that night ... all to the
exclusion of me.

I contacted my divorce attorney, he files motion for
temporary restraining order and sequesting of Insurance
company. At hearing on motion my attorney's paralegal shows
up, and ex-hubby's attorney states that divorce decree is a
typo (part where if he doesn't fulfill obligation money
goes to me). Thre is an Evidentuary Hearing called, and my
attorney pulls all transcripts on the case, and finds that
the transcripts support what's written in Judgement of
Divorce. He assures me that we will win, it's an open and
shut case and ex-hubby won't get the $500,000 insurance
money. My attorney calls me night before hearing to tell me
to be confident that we will do fine, and the case is so
conclusive that there was no need for him to subpoena any
of our witnessed. At 8:30 AM, next day I meet my attorney
at the courthouse, and he tells me that he's decided the
divorce is a typo, not just that page, but 4 other pages
too.

The end result is on Tuesday, July 6, 2004, and Order will
be entered that the ex-husband gets all proceeds from the
insurance company.

I feel that not only do I have a legal malpractice claim,
but also surviving a tornado and still recovering from
bruises I'm have post stress, and if in fact there are 4
pages of typo's and my attorney is the one that wrote the
divorce, filed the motion from the tornado, and handles the
Evidentuary Hearing, then the whole divorce Judgement needs
to be appealed (I was in a very bad abuse situation during
the pendency of the divorce).

The insurance claims adjuster is best friends with the
builder whom happens to also be hunting bussiesa nd friends
to my ex-husband. The homes isn't worth $500,000, and all
this represents a gross conflict of interest on the part of
the cliams adjuster.

I need help ASAP, and also to file appeals, and a legal
malpractice suit. Any advice is welcomed and appreciated.

Re: RE: Marital Home Destroyed **, 7/09/04, by Michael.

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