Legal Question in Business Law in New York

business

my ex went into business, Rita's Ice franchise w/my daughter about four yrs. ago. We were separated about 7 yrs at the time. THey needed me to sign the house as collateral so they could get the loan. They also asked me to refinance and lend them the money. I agreed. Now they are out of business and being sued by the Franchise. They cannot pay the mortgage on the bldg. The ex saw a bankruptcy attorney and she said that they should refinance the house again and if I didn't agree then my house would be foreclosed

on and my salary would be garnished. I work two jobs to pay for thishouse. I cannot sell it. The ex's name is still on it. I was awarded the house in the divorce pending the refinance of the business mortgage. No bank will let them refinance. I really don't care at this point if they foreclose on the house. I can't afford it anyway. Please tell me they cannot garnish my salary. I have nothing. I gave everything I had to them for the business. I didn't even get half his pension from the Post Office in the divorce. What can I do? I already work two jobs seven days a week.


Asked on 2/10/08, 11:10 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: business

Oh, dear. What a mess. You NEED a lawyer. Badly.

You may qualify for free or drastically-reduced-cost legal help from your county's Legal Aid Society. Give them a call. BTW, this is NOT charity; the attorneys are paid employees. They are not paid by charitable donations, and they are not supported through taxes.

Even if you don't qualify for Legal Aid, hire a lawyer. Most bankruptcy lawyers are reasonable about taking payments in installments.

If you need a referral, your county bar association can probably help, or the NYState Bar Association also runs a referral service (www.nysba.org).

Good luck.

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Answered on 2/11/08, 12:38 am


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