Re: RE: Marital Home Destroyed in Tornado May14, 2004

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On 7/02/04, Alyse wrote:
> 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.

Hi: i've never been to a divorce hearing. i'm not an attorney. when the hearing takes place, is it transcribd? or recorded? if so, then some one needs to go back & see what was recorded. & if indeed there are any mistakes as that are claimed now. they need to be brought out. and a new attorney hired. this one fired. then sue.