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  1. #1
    Join Date
    Oct 2013
    Posts
    2

    Question Ex-Spouse Has Not Paid Off a Lien on My Home

    My question involves collection proceedings in the State of: New Hampshire

    My ex-husband and I had a loan for two jet skis. When we split, he had them re-possessed without my knowledge/permission. After they went to auction, the balance we owed was for over $10,000 and a lien was placed on our home for that amount. Since I had the better credit when we purchased these items, my name is first on the loan. We went to Superior Court on separate occasions with the bank and agreed upon a monthly amount for me to pay and monthly amount my ex would pay. In my final decree, my ex was court ordered to pay the balance himself. When I called the attorney for the bank, I told her what the orders were and she stated to me that even though he was ordered to pay, the Family Court does not supersede Superior Court so, if he did not continue to make payments, we would both end up back in court and then I could explain the family court orders to the Judge and he would make a final decision. A couple months went by and I called to ask the attorney what the status of the lien and payments were and she didn't return my call. I called again a few days later and left another message to which she had her assistant call me and say that "she's not at liberty to give me that information." I explained that I was court ordered to refinance my home into my name and that this lien directly affects my credit. She said she would have the attorney call me back. Two days later, the attorney called me back and said she could not give me that information so I e-mailed her a letter and copied my divorce attorney on it and she called me back to say she will speak to my attorney but could not speak to me. My question is, why am I not privy to this information when my name is first on the loan, it directly affects my credit and there is a lien on the home that I'm court ordered to re-finance and she can't give me that information? I no longer needed my attorney's services for this matter. I asked her to please send me a copy of the law or statute that states I'm not entitled to that information and haven't received a response yet. The only information she would give me was that if my ex did not continue to pay the monthly payments that I would be notified to appear in court again and that would be how I would know if he was making payments or not and to find out the balance. This doesn't seem right to me. I would understand if the loan were solely in his name but it's not. Any insight to this would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Spouse Has Not Paid Off a Lien on My Home

    When a lawyer says "I will speak to your attorney but I cannot speak to you" that means exactly what it sounds like - you're represented by counsel, so the lawyer is required to talk to your attorney. You can discuss with your lawyer whether you should retain your lawyer to obtain the information, or to document as necessary to the bank that you've ended the attorney-client relationship and that direct contact with you is now permissible.

  3. #3
    Join Date
    Oct 2013
    Posts
    2

    Default Re: Ex-Spouse Has Not Paid Off a Lien on My Home

    Thank you! I guess I should have added that this Attorney had spoken to me on two different occasions before when I had called and gave me the information I was looking for. She had never spoken with my attorney except for when we went to Superior Court to make payment arrangements. I had spoken to her twice after that to make sure he was fulfilling his obligation as well so I would not have to go back to court over this. After the final decree was issued and I called, her Assistant said that since he is now responsible to pay, they deal with him unless he stopped making payments then I'd be notified to appear in court again. When I received the "Writ of Attachment" it was directly to me, not my Attorney. They didn't even know I had an Attorney until she came to court with me but the bank's attorney and myself worked out the deal and stood and answered to the Judge. I never filed anything with the bank or their attorney that I had an attorney. So, do I still send the bank something that I've ended attorney-client relationship when I never even filed that I had one to begin with?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ex-Spouse Has Not Paid Off a Lien on My Home

    it is not clear when the bank attorney learned of the fact you are represented by counsel. If he spoke to you with such knowledge, then shame on him. The rules applicable to attorneys specifically state they cannot speak directly with a person represented by counsel without permission from their counsel to do so. Since it is now known and acknowledged you are represented by counsel, the bank's attorney is prohibited from speaking directly with you without your attorney's permission. Either deal with this through your attorney or have your attorney notify the bank's attorney they can deal with you directly.



    When I received the "Writ of Attachment" it was directly to me, not my Attorney.
    Of course it was. Why would they issue a writ of attachment for any of your attorney's properties?


    They didn't even know I had an Attorney until she came to court with me
    well there ya go. That explains just about everything you have an issue with.


    So, do I still send the bank something that I've ended attorney-client relationship when I never even filed that I had one to begin with?
    somewhere along the line you did claim you had representation. for the bank's attorney to acknowledge the severance, they would need a statement from your attorney that he is not representing you in this matter. I'm betting that sounds dumb to you but that is how it works.

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