allison
newbie
Reged: 09/24/05
Posts: 44
Loc: So Cal
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Re: HELP! I want to buy my home....
09/27/05 08:40 PM
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He didnt object to anything except that my interest is the down payment. I even wrote in a term that neither party would determine where the net proceeds would be placed, whether in the pockets of the parties or in trust with the court or attorneys - please understand, the sale of the home usually happens either after or very close to a settlement conference or trial - unless both parties desire the family residence to be sold. None of those conditions apply.
He is making NO objection to the content of the offer, ie defects corrected, his responisbility to pay all sales commissions, ONLY, that my interest serves as a down payment...He is afraid that the court will hold his interest, as mine is in the property, and he cant go out an spend it and then say he has no money for spousal/child support or attorney fees.....
I spoke with a real estate lawyer this afternoon and he says, in other cases, a seller cant contest a full price offer based on the financing - unless there is question of its legality (ie drug or laundered) - but this is family law and - WORST OF ALL - its California.....
I am in paralegal school at USD (resulting from my need for job training but motivated by disgust at the practices I have experienced with my two prior attorneys). Even the "kids" who are just going into the proffessional workforce for the first time(and never married) say that they wished they had taken Business/Enviornmental instead of General Litigation, solely because of the Family Law section. Most of them swear they will NEVER get married or, if they do, never divorced in CA !!!!! Isn't THAT comforting....I will keep you posted. Thank you - Amen for your comments, I am out here all alone, and it seems there are snipers in the trees! And I will let you know what happens in court tomorrow!
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Its always darkest just before it goes pitch black" - www.despair.com
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