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

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On 7/03/04, v wrote:
> On 7/03/04, Alyse wrote:
>> V: Hello, thank you for responding. My attorney filed the
motion for the court to uphold the Judgement of Divorce on June 1,
2004. He pulled ALL transcripts from the divorce proceedings, and
ANY subsequent hearings held too. He assured me that all the
transcripts support what is currently in the divorce decree. I
still have the voicemail that was left for me by him the day before
the hearing, stating that they gone over everything thoroughly, and
with the correspondence from the other attorney, we are going to
win this matter, because the other side has failed to prove that
there's typo's, and they are the ones that made that claim. I went
in court confident. It was like the wind was taken from me when my
attorney put me in that back room for several hours and told me
that there are 4 pages of typo's in the divorce decree, and if I
want my mom to get paid, and at least me get some money $4,000 only
out of the divorce, then I have to agree it was a typo. I'm
suffering from post tramatic stress, recovering physically, and now
this. From my understanding so far,there's no appeal process for
this hearing. I've contacted the state bar for attorney's, but by
this being a holiday weekend, trying to locate someone to stop what
is going to happen Tuesday, has been impossible. Plus, the courts
don't open again until Tuesday.On 7/03/04, v wrote: > 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.
>
> I see where they have you, between a rock & a wall. no time to
respond to any thing. you do need legal advise. i'm not sure how
this all works. but i think from what i have learnd here. if you
dont show up, you can lose by default. but if you do show up, you
do not have to agree with any thing. i hope some one with more
knowledge can help with some of your questions. if you do not agree
and leave. you can buy more time to persue more avenues in getting
some one to help you. why dont you try your attorney generals
office in your state. keep this thing stalled untill you do get the
help you need. and good luck in winning this case.

Yes you do need legal counsel as 'v' stated, and fast!! What needs
to be filed is an appeal and motion to vacate based on
typographical errors in the decree. Who's transcripts did your
attorney pull - his or the courts? As 'v' stated, the court should
have a record of what was awarded each party. Also, the presiding
family court judge may be of assistance since he/she presided at
the hearing.