Legal Question in Family Law in California
Ex got 100% foreclosure excess funds without my knowledge
Divorced in California in 1993. Marital house sold at foreclosure in 1997. Trustee held excess funds until February 2002, then paid the entire amount to my ex without my knowledge. He, of course, never informed me of the money. I just discovered it after my move to Kentucky, where I have been living for about 8 months. Can I file a suit in Kentucky to get my half of the money that should have been paid to me, along with interest for the two years plus that my ex has not bothered to let me know he received it? The property, divorce and foreclosure sale were all in California. My ex never bothered to pay court ordered family support during that time when the foreclosure occured. It seems very unfair for him to get away with all of the excess money from the sale of the property he had a major part in losing as well. I am also curious about any liability the trustee may have in paying the entire amount to my ex only. My name was on the deed along with my ex husbands. They claim they are clear of any liability because they held the money for so long. Seems to me they should have made the check out to both of us as stated on the deed and that would absolve them of any liability.
2 Answers from Attorneys
Re: Ex got 100% foreclosure excess funds without my knowledge
The California courts have jurisdiction and you will need to file your moving papers in the court that made the orders.
You are obviously entitled to your share of the proceeds and are also entitled to seek enforcement of existing orders plus interest.
You should retain the services of competent counsel here in California to assist you.
Regards, Damian nolan.
Re: Ex got 100% foreclosure excess funds without my knowledge
You can go after your ex in the dissolution action that was filed in California. Without more information you cannot proceed in KY. If you retain an attorney you may not need to travel to California to appear in court. Good Luck, Pat McCrary
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