Motions after a Rule 59 trial - Is Rule 60 hearing next?

Ex Spouse brought an injunction order against me before divorce and equitable distribution. After the divorce and before the equitable distribution was concluded me ex allowed the house in NC that we was in control of go into foreclosure. He did not forward me notices sent to his new house about past due payments and early foreclosure warnings and the judge ignored this as well as other pertinent facts proving that my ex lied in court several times throughout. ED case was in October 2016. the judge took 6 months to file his judgment which was full of errors, both clerical and with the figures. So it left the door wide open for ex to file for a Rule 59 hearing. At that time he was permitted to submit new evidence but the judge refused to allow me the same (by this time I was pro se because I could no longer afford an attorney) stating that he was not going to retry this case. Rule 59 hearing was in August 2017. The judge has now hinted in a letter that he might be ready to file a judgment if we agree that splitting the foreclosed house deficit would be agreeable. Does this mean that I will be held responsible for the debt too? Previous judgment said that my ex was responsible. What other action can my ex take because agreeing to this will increase the amount of his military retirement I will be allotted and he won’t allow that. What can he file next? Is there pro bono attorneys out there that I can seek help from?

If the judge were to order that the debt from the foreclosed mortgage be split, then you and your ex-husband would both be responsible for paying one-half of the remaining balance. Unless one of the parties files a Rule 60 motion to gain relief from a judgment and that motion is timely and the judge allows it, there is not anything else that can be done once the judgment has been entered and the time for a Rule 59 motion and an appeal have expired.

Whether an attorney takes a case pro bono is the individual decision of an attorney.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

We were both under injunction before any of the ED trial began and he pocketed rent money thereby allowing the house to go into foreclosure. Can I file a compensatory contempt complaint before the final judgment of the Rule 59 hearing?

Yes, you can file a contempt motion (called a motion for order to appear and show cause) at any time you believe there to be a violation of a valid court order.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.