Legal Question in Family Law in Illinois

My husband and I were divorced last year in Illinois and used the same attorney. I have found out now that she was his attorney but she never expalined that to me. We both met with her, both paid her our half. I thought WE had an attorney.

He received the house, half my 401K and what i got was a 1988 pickup and a uhaul full of things I brought into the marriage. Now I live in Texas and I find that the lawyer never filed the quick claim deed to remove me from the house. He is now in foreclosure and they are summoning me.

What do I do?


Asked on 3/24/11, 11:59 am

1 Answer from Attorneys

David Gotzh Law Office of David Gotzh

I have no clue what happened in your case, it sounds like no one bothered to do any form of due diligence prior to handing this "lawyer" a pile of money. That aside, you're confusing TITLE and MORTGAGE. They are not the same thing. Ie, just because the judge assigns title to doesn't mean they also assume the loan - only the lender can approve that.

Since I don't have your MSA or judgment in hand, I have no idea what rights, if any, you have left. So you really only have two options; litigate in Illinois, or face a judgment that could be enforced in Texas (Garnishment of wages, Liens on any property you have, frozen bank account) should the sale of the property fail the satisfy the amount due.

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Answered on 3/24/11, 12:11 pm


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