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Why would an attorney schedule an ex parte hearing in a divorce case? Would this be a way to try to stop the sale of a home? What should be expect.

blue · Posted: Sat Jul 07, 2007 1:43 pm Post subject:

Hi Christi,

Welcome to Mortgagefit discussion board.

I have read your previous post on this page: http://www.mortgagefit.com/quitclaimdeed/home-sale.html

In ex parte hearing only one party appears before the judge. In some situations judges meet with one side where plaintiff requests an order to be passed (which in your case is to hold sale of the house from taking place).

Judges can issue temporary orders ex parte based on one party's request when it sees that there is some form of time constraint. After the order is implemented court can then hold a hearing where the other party can tell his side of the case. The court then decides if the ex parte order should be made permanent.

What all this means for you is that your mother's ex is asking the court to put a stay on house sale by giving an ex parte order. After the sale is stopped the court will then hear your point and also his to decide if your mother can sell the house or not & whether he has any rights over it.

Do let me know if you have any other questions.

Thanks
Blue

carnahandavid · Joined: 21 Dec 2006 Posts: 238 58.41 Dollars($)

Christi,

In U.S. availability of ex parte decrees issued by state as well as federal courts is limited because of the Fifth and Fourteenth Amendments to the United States Constitution. According to which a person cannot be deprived of any interest in property without due process of law.

Any court order which is issued based on ex parte proceeding is therefore interim & temporary in nature & you as being the affected person from such order will be given opportunity to contest the correctness of that order before it can be made permanent.

Guest

Should we even attend the hearing since it sounds like we won't be able to respond? Or does it look bad not to attend? Can we ask for the opportunity to respond and set a date with the court at this hearing? Do we need to hire an attorney to repond to the temporary ex parte decision?

I really appreciate your help.

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Chriti,

Welcome again to the forums.

An Ex-Parte judicial hearing is usually reserved for urgent matters where the notice would subject one party to irreparable harm. You can definitely attend the initial hearing as it is a legal matter against your home. You can very well ask the court to set the hearing date provided they listen to your problem. And I feel it is better to hire an attorney for the ex parte hearing as it concerns your home.

Posted: Mon Jul 09, 2007 5:53 pm Post subject:

Guest

first time in court for an exparte hearing against an individual who has caused the individual lost wages and endagered his work. Does minor auto repair at his home which is zoned. What can I expect from the judge. First time jitters. W/hat questions could be asked

jameshogg · Posted: Tue Sep 07, 2010 11:01 pm Post subject:

Hi Robert,

You should contact an attorney in this regard. He will be able to guide you further in this regard and let you know what questions you need to ask.

Thanks

Guest

My x's lawyer called me today and said there is an exparte hearing schedule for the 22nd at 2pm, he stated it pertains to the divorce case. I don't have a lawyer, I filed the divorce paperwork and parent plan, would that be what this hearing is about?

smithsussane · Posted: Mon Mar 21, 2011 10:43 pm Post subject:

Hi Tina!

Welcome to forums!

There are chances that the hearing is about the divorce paperwork and parent plan. It will be better if you could hire an attorney for yourself.

Feel free to ask if you've further queries.

Sussane

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