Posted by John Merchant on February 19, 2005 at 10:15:40:
Only a FL knowledgable lawyer would be truly qualified to answer your questions re FL procedures, so I’m thinking you’re going to have to pay a FL lawyer a few bucks to give you a valid answer here.
Quitclaim problems - Posted by John
Posted by John on February 19, 2005 at 08:30:04:
Hello,
I recently got a final judgement in a lengthy divorce in florida. The jucgement gave the use and possesion of the marital home to my wife until our son reached 18.
About a month later my wife made a low-ball offer to buy my interest in the home. I really wanted her out of my life and after 2 years in the family court grinder I could use the cash.
A modification was made to the judgement allowing the sale and I issued a quitclaim with an agreement that I would be paid once the deed was recorded. I issued the deed and my ex recorded it the next day.
I contacted her attorney when it was recorded and he said that she was busy but would bring the check in 3 days later. The morning she was supposed to bring the check I received an email from her attorney that she had an appointment but had put the check “in the mail”. I checked with the post office and was told the normal delivery time was 2-days.
I informed her attorney of this after 3 days and asked that he reconfirm the mailing date. He agreed but after a week of delaying He has still not provided the informtion or the check.
I checked with a family law attorney who told me that he would require a sizeable retainer and that it could take 3-4 months and several visits to court. He also told me that Florida does not allow family law attorneys to work on a contingency fee.
Finally, my questions, civil and criminal court allow attorneys to work on a contingency basis, can I persue this as a bad-faith or fraudulent contract, moving this out of family court? If so how can I get this started?
Thanks in advance for any thoughts on this subject.
Re: Quitclaim problems - Posted by chet
Posted by chet on February 20, 2005 at 24:50:09:
perhaps a lesson learned. USE some form of escrow process that there’s a independent 3rd party that doesn’t hand over then deed until they have good funds in hand.