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  #1  
Old 08-25-2005, 10:54 PM
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Join Date: Aug 2005
Posts: 2

Homeless


What is the name of your state?What is the name of your state? Illinois

I have been forced to sell my home and sign highly unfair agreements under extreme duress. No divorce decree yet. third attorney withdrew, broke, have to represent myself, homeless with kids in a week from closing, I informed the judge that I have been forced to sell my house and sign unfair agreements under duress. He advised me to file appropriate motions regarding the orders and issues. I have to do this yesterday.

Do I do a motion to vacate or reconsider?
Can I find sample forms?
Can I get an emergency court date before closing on my home?
What if court date is after closing?
Do I include explanations of the duress?
Do I include the fact that I have no discovery from my soon to be x.
What happens if I don't sign closing papers and the judge accepts my claim?
What happens if I don't sign closing papers and he does not?

I am confused and scared but I have done some legal work. Please help me and my kids with any info fast. Thanks
  #2  
Old 08-26-2005, 09:19 AM
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Join Date: Aug 2005
Posts: 3

homeless


undefined

I reside in Florida

The same thing just happened to me. My lawyer had me sign a temporary agreement that was totally unfair.

If you recently signed it, you can file a Motion to Descind the Agreement. It' s pretty much requesting the court to void the agreement. However, they don't usually like to do that unless there is a "substantial change in circumstance".

My motion includes that my husband's company has new insurance . It's a catastropic plan, so my medical bills are going to cost me a lot of money. That's considered a substantial change in circumstance.

Also, he's putting down that the agreement was never explained to me and I didn't understand certain things.

You may have a good chance of getting it voided because you were forced to sell your home with children involved and now you haven't got a place to reside with the children. Usually, the court will allow you to stay in the home until the children reach a certain age 18, or 21 depending on the state. And you could include that you also did not understand certain things.

I feel your pain. Good luck

Donna

Last edited by mango2k; 08-26-2005 at 09:25 AM.
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