Saturday, October 24, 2009

Legal Help- No win Battle?

a year ago, I bought a expensive house with my then girlfriend and 22 days later she cheated me (Cought) and left me for a guy a her work. I couldnt afford the house by my self and we agreed that she would pay half (verbal) she has not done any of it. here it is a year later. and I have brought a suit up for fraud because she lead me to believe that we were going to settle down and kids. now she making up that she left because of violence (verbal) and that she was forced out. which is a complete lie. she treatens that if I sue her, that she will counter sue and things are going to get nasty. I have a case against her. But can I win this "tit for tat " she is going to play? she is very vendictive and is willing to say anything to make it look like she had to leave when she jump out of my bed and into his. do I go with the law suit or walk away? I have lost over $20,000 and a house stuck in litigation.
Answer:
If it is your word against hers, then
* you lose
* she loses
* the lawyers win

When you bought the house, was it in your name, her name, or yours %26 hers together? Was there any contract wth bank where she signed that she would be paying?

Are you familiar with the domestic financial abuse phenomena of "dead beat dads" who fail to pay child support? Here you are in a similar domestic financial abuse phenomena of "dead beat girl friend." These cases seldom get resolved.

You probably will have to put the expensive house on the market, and use the education you got out of this experience not to make same kinds of mistakes again in the future.
Was there an agreement that she would pay half of the value of the house when you bought the house? Do you have anything in writing? Is her name on the house? If you answer no to all of these, you may very well be screwed.
What were the terms of the deed and mortgage? If they say she is a joint tenant on the property with you or if she co-signed the mortgage, then she's liable for her share. To banks, money is money - they probably wouldn't care about any nasty tricks she might pull as long as she assumed legal obligations to pay under the terms of the contracts.
Add these details and it will be a lot easier to answer your question:

1.) Was her name on the Deed of Trust?

2.) Do still still have possession of the house or is it in foreclosure at this point ( or already taken back by the bank)?
in these cases best bet is to sell the house and to move on
If there is no written agreement and she did not sign as a co-signer on the loan, you may have your hands full. Trying to sue for fraud will be tough. As for her trying to claim any type of violence, it will be up to her to prove this occurred. Be prepared to subpoena friends of both of you (risking jail time if they lie under oath) and family. She would have a good chance in winning if there were police records. You may even want to subpoena her new man to court. It may not make a difference, but it will prove things to him that she told him that may not be true. Good Luck she sounds like a real b****.
She owes the bank if she owes anybody at all. You cannot sue on behalf of the bank becuase they are the beneficiary of you and your girlfriends promise.
You can submit your issue in the following website and a lawyer will contact you within 24hrs. Don't worry about their charges, Its only $1/day. So you are getting what you want in just $1. I think this you can afford. Here is the link

http://www.usalegalcare.com/

Good luck

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