Legal Question in Family Law in Washington
I got divorced in 2003 .For it to be final i refinanced my home to settle !Now after all these years i go to put a second on my house and they tell me there is a lien on the property to my x ! Our lawyer is trying to find her to have a release signed ,in other words i paid but she never sent in a release !It she doesnt sign then what ? I feel the attorneys are at fault !
1 Answer from Attorneys
Since I was not there, I cannot second guess you or your attorney. That said, I agree that as part of the settlement, since you were required to refinance the home to pay off the judgment to your ex, your ex should have signed a "satisfaction of judgment" at the time she was paid.
Maybe she did and it just wasn't recorded, or maybe no one put on in front of her to sign at the time she was paid. Either way, if it happened as I am speculating, then yes, your attorney should take care of tracking her down at no cost to you. Mind you, I am speculating because I've only read your side of the story, and I don't know what was said or written between you and your lawyer, so don't go into your lawyer's office tomorrow and start making demands just yet.
If you feel your lawyer has done something wrong, explain it to them, and see what they say. Tell them you think they ought to do this portion at no charge, considering they were supposed to have done it in 2003. Theoretically, your attorney may have been negligent, but if they can fix this at no cost to you, then consider letting that be that, and moving on with your life.
Alternatively, you could file a malpractice suit against your attorney for any fees or financial losses you have, and maybe even a bar complaint. I am not an ethics or malpractice attorney, so if that is something you want to pursue, I suggest you consult independent counsel who works in that area, to see what your options are.