Filing A NOD

[LdiJ]

yes, we have an official denial from the title company

Then the decision could be reviewed. It may not help you to do so, but it can be reviewed.

 

[TrustUser]

is there any maximum time that divorce proceedings can continue ? or can it go on infinitum ?

 

[despritfreya]

is there any maximum time that divorce proceedings can continue ? or can it go on infinitum ?

It goes on for as long as it takes. A family member's divorce took just over 3 years and there were no real assets to argue over.

Des.

 

[TrustUser]

wow - in some research that i did, it said that courts generally asks the couple if there is some reason that they should not dismiss the case WHEN nothing has been filed in awhile. it has been about 8 months since the case was updated. the case here has a huge bankruptcy involving one of the couple, so i suppose that could be a good reason.

 

[Taxing Matters]

is there any maximum time that divorce proceedings can continue ? or can it go on infinitum ?

How long it usually takes varies by state. In some states the way the stautes are written it'll take at least a year to finalize the divorce, and that's if all parties are cooperative. If they aren't cooperative, it could go on for a long time as they fight over every little thing (and rack up large attorneys fees in the process). If the case reached a point where the court believes nothing more productive will occur, the judge may notify the parties that the judge is contemplating dismissing the action if they don't get matters concluded promptly. That'll vary depending the judge's tolerance for whatever antics they use to prolong the fight. And the fact that they are in bankruptcy makes a difference. They'll want to be sure of what they'll have after that's done before deciding how to split it up. That's another delay that's pretty much unavoidable.

 

[TrustUser]

They'll want to be sure of what they'll have after that's done before deciding how to split it up. That's another delay that's pretty much unavoidable.

thanks tm, i quoted your last sentence, cuz that is something that i sorta figured out. i am dealing with timing issues, on what to do and when to do it. we can probably be hurt if we dont act, but also if we do act.

knowing what was happening with the divorce would be helpful. the bk issue will be coming to an end. i dont think either bk partner is gonna end up with much left. from what i hear, they are both fully cooperating, to hopefully keep out of jail !!

my partners want to foreclose immediately. but i see downfalls in that. they were able to do a cash deal to get the wife to delete the lis pendens on another property. and apparently they are trying to do the same on the property that i am involved in. but it is the residence of the wife, so it makes it a lot more difficult.

while i think the wife will end up with the residence, i am not sure whether our liens will stay intact. one reason i dont want to foreclose is that there would be no chance at all of the husband getting the property. and he would have no reason to fight for it. we have found out that the trust is a separate property trust, created before they were married. so i think there is at least a chance the husband could end up with the property.

their reasoning for foreclosing is that they think the wife will just continue to live there, rent free. which is probably true, and why i wanted to know just how long she can drag out the divorce proceedings.

but my main point of contention against foreclosing is that i dont see what it is gonna gain us. i dont think we will be able to evict her, when she has a lis pendens recorded in front of us. we certainly couldnt sell it. so i dont see that we have much to gain (they think it will give them leverage on the wife) from foreclosing, and i see some definite reasons not to do so.

one thing is for sure - it is a huge can of worms.

 

[TrustUser]

cash deal has finalized, in the sense that all papers were signed. we sent the release of the lis pendens to be recorded, today. should be taken care of by mid-week

 

[Taxing Matters]

Congratulations on finally getting this resolved.

 

[TrustUser]

thanks tm,

she gets to stay in the house for almost a year, so we wont be able to sell for that long

but at least it is just a waiting game - far superior than other alternatives !!

 

[TrustUser]

hi tm,

we discussed making mistakes and learning from them. 1) i will never trust an agent again on title policy. always thoroughly read each person ahead of me. 2) i need to get my own title agent. i already have my escrow officer. and just use them any time i do a deal. which means that i can only use partners or myself, so that we can control how the deal is done. if the loan agent doesnt want to do that, i dont need his deal. there are literally tons of agents out there, hustling deals. most of them nowadays, are too risky for my blood.

 

[TrustUser]

i am assuming that what an attorney would charge on a contingency case is based upon how successful he thinks his chances of winning are ?

if that is true, what sorts of charges should i look for, in order to determine how successful he thinks he will be ?

 

[doucar]

A big factor in determining if an attorney would take this on a contingency is the collectability if he/she prevails.

 

[TrustUser]

by that, do you mean even if he wins the case, he may feel like they may not pay ? or appeal the case, and have to start all over ?

 

[Zigner]

by that, do you mean even if he wins the case, he may feel like they may not pay ? or appeal the case, and have to start all over ?

Likely both.

 

[doucar]

Willing or able to pay as well as appeal. Which is why contingent fee cases are more often involving insurance or very deep pockets.