ammending a divorce decree

[latibb]

What is the name of your state (only U.S. law)? This question is for the state of GA. I have a friend who got her divorce decree about a week ago. When making the settlement the marital residence was given to her. There is no mortgage on this property. She had a feeling and went to check and found out that her ex husband has a $85,000 lien on the property. Her attorney had no idea about this and told her it wasnt his job to find out about this. So in the final order it states that upon the sale of the property the husband has to pay his lien.

I probably need to post part of this in the legal malpractice or ethics thread but its part of this question as well. Her attorney made her sign a paper that says he can lien her property for his fees which now are at about $70,000 and that he can foreclose on her property if she doesnt pay him in a timely manor after the final decree. Well now her ex ! attorney is going to start foreclosure and she cannot take a mortgage on the house because of the husbands lien. She cannot afford another attorney and wants to petition the court to amend the final decree to have the husband pay the lien now so she can obtain a mortgage on the house to pay her attorney.

With real estate the way it is now she would never be able to sell this home for full value and this is the best option at this time. What papers does she need to file in order to have this change made ? Is it possible to do this without a lawyer ? This is one lady that has really been raked over the coals in this divorce and basically has lost everything financially. Any help with suggestions here would be greatly appreciated ! Please tell me there are some good soles out there. We live in a small town where the good ole boy network is strong and the ex husband has alot of people in his pocket. Oh this house is valued at about $340,000.

Thanks !What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? This question is for the state of GA. I have a friend who got her divorce decree about a week ago. When making the settlement the marital residence was given to her. There is no mortgage on this property. She had a feeling and went to check and found out that her ex husband has a $85,000 lien on the property. Her attorney had no idea about this and told her it wasnt his job to find out about this. So in the final order it states that upon the sale of the property the husband has to pay his lien.

I probably need to post part of this in the legal malpractice or ethics thread but its part of this question as well. Her attorney made her sign a paper that says he can lien her property for his fees which now are at about $70,000 and that he can foreclose on her property if she doesnt pay him in a timely manor after the final decree. Well now her ex ! attorney is going to start foreclosure and she cannot take a mortgage on the house because of the husbands lien. She cannot afford another attorney and wants to petition the court to amend the final decree to have the husband pay the lien now so she can obtain a mortgage on the house to pay her attorney.

With real estate the way it is now she would never be able to sell this home for full value and this is the best option at this time. What papers does she need to file in order to have this change made ? Is it possible to do this without a lawyer ? This is one lady that has really been raked over the coals in this divorce and basically has lost everything financially. Any help with suggestions here would be greatly appreciated ! Please tell me there are some good soles out there. We live in a small town where the good ole boy network is strong and the ex husband has alot of people in his pocket. Oh this house is valued at about $340,000.

Thanks !What is the name of your state (only U.S. law)?

I think that this one is beyond the ability of an internet message forum to assist.

I would suggest that your friend consult attorneys that practice beyond the radius of the existing "good old boys" network.

 

[latibb]

Ok,.... so is there anyone that knows what papers she would file to amend the divorce decree ?

 

[Ohiogal]

Ok,.... so is there anyone that knows what papers she would file to amend the divorce decree ?

She needs an attorney. It may not even be possible to amend this because SHE could have or SHOULD HAVE known about the lien.

 

[latibb]

She found out about the lien before the final hearing and he was ordered to pay his own lien but doesnt have to do so until the property sells. She is wanting to get a mortgage on the residence to pay her attorney, but cant with his liens there. I am trying to find out how she can go about getting this changed. How do you get back in front of the judge with out a lawyer ?

 

[LdiJ]

She found out about the lien before the final hearing and he was ordered to pay his own lien but doesnt have to do so until the property sells. She is wanting to get a mortgage on the residence to pay her attorney, but cant with his liens there. I am trying to find out how she can go about getting this changed. How do you get back in front of the judge with out a lawyer ?

We are trying to tell you that she isn't going to get anywhere in front of a judge without an attorney on something like this.

Also, does he even have 85k in liquid assets to satisfy the lien? If he doesn't, its a moot point.

 

[latibb]

We are trying to tell you that she isn't going to get anywhere in front of a judge without an attorney on something like this.

Also, does he even have 85k in liquid assets to satisfy the lien? If he doesn't, its a moot point.

Yes, Im sure he has 85k.

Let me ask this then. Her attorney made her sign a paper that says he can lien her property for payment and that she has to give him a warranty deed and security deed so he can foreclose on her if she does not pay him the now 70k he says she owes shortly after the property transfers to her. Will she have to sign those or will it be automatic because of this paper she signed ? I hope this is understandable im having a hard time wording it correctly. And thank you for the answers thus far. It is helpful.

 

[latibb]

We are trying to tell you that she isn't going to get anywhere in front of a judge without an attorney on something like this.

Also, does he even have 85k in liquid assets to satisfy the lien? If he doesn't, its a moot point.

Also, if it is in the order that he has to pay this lien off within 10 days can he just simply say I cant ?

 

[Ohiogal]

Yes, Im sure he has 85k.

Let me ask this then. Her attorney made her sign a paper that says he can lien her property for payment and that she has to give him a warranty deed and security deed so he can foreclose on her if she does not pay him the now 70k he says she owes shortly after the property transfers to her. Will she have to sign those or will it be automatic because of this paper she signed ? I hope this is understandable im having a hard time wording it correctly. And thank you for the answers thus far. It is helpful.

We can't say for sure without seeing the paperwork but she will have to pay him. And he will have to go to court. Sounds like he did a cognovit and those are not good in consumer transactions. He has to prove the debt and get a court to order it.

 

[latibb]

Ok Thanks for the time to answer. Its much appreciated.