Appraisals


#1

Before you waste about $350 on a appraisel you and your ex need to agree on what appraiser to use because if you get a appraiser of your own her or her attorney is probably going to sat they did not agree on that appraiser. Also when the apprasier does it you both should be there and ask the appraiser to faxs a copy to both of you, As far as getting a new attorney, it would be like starting over but if you got the time and money then do whats in your best interest.


#2

My ex requested an appraisal of the house that he left through his attorney. He was not present, and there was no reason for him to be present since the appraiser is a professional. My ex is not allowed on the property. The appraiser was hired by my ex, so the only way for me to get a copy of the appraisal is through the attorneys and ED paperwork. After I received the results, I desided that I didn’t like the appraisal, so I paid for my own. My attorney suggested an appraiser that was “court approved”, which meant that he did the appraisals that were court ordered and also would agree to appear in court if needed to back up his work. This appraisal was presented to my ex through ED paperwork.

Basically I called my ex’s bluff, he tried to use an appraiser that would give him the outcome he was looking for, but my appraisal was the one used since I did the appropriate research.

Good Luck, this is a long and hard trail. My attorney was also not very responsive, but was always there when I really needed him. As a client you have to be patient and responsive and PRACTICAL. To often we let our emotions get the best of us.


#3

Dear fwondering:

Greetings. First, if you cannot agree to have the appraisal done, then you need to file a lawsuit and force the same to occur with document that allows you to enter onto land on a set date to inspect the same.

No, it is never too late to hire another attorney - in 4 weeks you have a trial and have not spoken with your attorney in the last 2 weeks? What do you think you should do. Posting here just shows that you need more help than you are getting. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Thank You

Thank You for clarifying this matter for me. I realize that with your caseload in addition to answering questions on this website you must keep very busy.

I would also like to say that I finally got in touch with my attorny yesterday. He has advised me to settle out of court. His proposed settlement is that I give her the house, take on 100% of the debt and agree to give her a lump sum payment of a few thousand in Alimony.

Unfortunatley I earn almost 60% more then what she earns. I initiated the divorce, therefore, I must pay. This does not seem fair to me as I was never unfaithful just very unhappy. I do feel outraged and cannot believe that the law seemingly is punishing me because she chose not to work during most of our marriage. We didn’t have any children, just a filthy house unless I cleaned it once I got home from work.

I guess the circumstances are of no relevance, the only thing that is relevant is that I am the plaintiff and I earn much more then she wants to.I would love to be able to fight this. My attorney has advised me that I can try but no guarantee that I would get out of Almimony. Also, it may cost thousands more, and once equitable distribution takes place it may not be a 50/50 split, again based on what we earn.

If that wasn’t enough to sway my opinion, my lawyer actually told me that the Judge did not like me. It seems totally injust nor can I understand why a judge would have a preconceived notion about me before the facts are even presented. Granted, she is the judge who presided over our case and has some facts and details. I went in and told the truth, my ex-wife dramatized events and claimed to be the victim who was abandoned without any knowledge that marriage was in any jeapordy. Infact she even contested the separation date, ofcourse I had proof to this becuase I paid rent elsewhere. My was not willing to sign a separartion agreement. Anyway, I should not go on.

I just hope that one day the laws can be altered to the point where each situatiion is individual, and the “alleged victim” not be the person who makes less money, especially when it thier own choice! Going into this divorce I was under the impression that all factors would be considered, but it turns out its just a $$$ issue.

Also would like to thank “Sandy” and “fatherdoright”

Your Sincerely

F. Wondering


#5

WHAT Another person who has my attorney, Lord please provide me the sainty to make a sound decsion with regards to my finacial matters dealing with divorce with some one who will provide justifiable negotiations with true and accurate information.
Sorry had to vent that …

Is the Pre Trial Order done yet ? I don’t think you can have and ED trial yet

Put your concerns in writing to your attorney immediatly with a response prior to your court date !!

Look at the tax values and review that documentation it should have a close repersentation of the value .

YES $$$$$$$$$$$$$$$$$$ and that is the problem no one gives a damn about truth and justice …

You have to do what you feel you can handle both emotionally and finacially

Disbelief in the system


#6

Yes, the pre-trial hearing was last week. I now live in NY state and found out literally 7 days prior to the hearing. I had moved and apparently my attorny did not pay close attention to my email regarding the change of address.

This left me in a bind at work,although my employer gave me full authorization to attend the hearing, I knew I would be leaving them in a bind. I contacted my attorny, bearing in mind, I have never been through a divorce before! I faxed him a letter from my employer requesting a phone conference rather then missing three days of work. It’s a 14 hour drive. Anyway, my attorny said “Yes” this is possible.

However, much to my dismay it worked against me as I had less then a week to prepare (needed all my financial info including expenses) I was not able to provide everything they requested in time. The fact that I was not there has gone against me. My attorny was supposed to call me if they had any questions. I received no such phone call till after 5pm that evening, saying that some of my numbers did not add up and that she apparently had some emails in which at the time of separation had told her she disgusted me and that I never ever wanted to be with her. Another thing I have learned never ever put anything of that nature in writing.

Maybe I am just looking to pass the buck, I feel like a lot of what is happening could have been avoided if my attorny was on top of my case. Even almost 3 years after divorce my ex is still playing the wounded victim act.How she is heartbroken and how marriage is supposed to be forever.

Our attorny’s know this is an ugly case and they both are eager to get rid of it, she is fighting tooth and nail to trying and prove there was marital fault.

Although, I feel like I am being robbed by the system, I am not sure I have the $$$ and time to fight it.
Although Ms.Fritts mentioned it may not be too late to hire a new attorny, the fact that I now live out of state makes it so much more difficult.


#7

Just a thought - get an attorney that uses e-mail and electronic communications so that even if you are out of state, that will not hinder your representation. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

Does anyone know what the procedure to have an appraisal conducted on a property, which is jointly owned by my ex wife and myself if she is still living there and may deny entry ? I have asked my attorney, and its two weeks later, still no response. Also, my court date for ED comes up in the next four weeks. Is it too late to hire another attorney as the current one doesn’t seem to be at all helpful or responsive ?