Divorce-his last ditch effort

[casper324]

I am in the process of a divorce after 27 years.  My BPD/NPD soon to be ex is what my friends say desperate what I consider mean and controlling.  We had damage to roofs from Hurricane Sandy 10/12.  After months of asking him when he was going to look at the damage , it was pretty bad and getting worse with weather I took over.  I learned after applying for a job with a roofing company who specifically worked on storm damage that my roofs should be covered so they gave me a quote &  submitted the claim to my insurance company.  Their proposal was questionable to my adjuster because they were from out of State (in State for Sandy work from IL) and it was very high.  Next I know I have a visit from the insurance companies  investigator and I told him exactly what happened.  My claim was approved after the insurance company sent their roofing company in for a more realistic quote.  I contracted with a roofing company, and sent the check off to be endorsed by the Mortgage Company, they returned it and I forwarded it to the ex for his signature.  That was November 6th.

For 2 weeks he pretended he didn't know what check I was talking about when I asked that he endorse it and return it ASAP.  Week three he says he will return it when I send him his mail which I already did on 11/6 and how he got the insurance check.  Week 4 he  now says I am committing insurance fraud and won't sign it. I respond, the insurance investigator was here and authorized the claim.  If it was insurance fraud you would not have the check now please sign it and return it to me. 

He won't because he is loosing control of me.  Once I get the roofs done I can list this property for sale and since the another property we had sold after 6 years (he waited 7 days to sign the contract and we almost lost the buyers) I am almost ready to start chapter 2! .

That last part is the good part, I still have the problem of how to get a BPD/NPD person to endorse the check!  The insurance company can't reissue it due to new regulations requiring all checks over 2500.00 to be endorsed by everyone that has a financial interest in the property.  The Mortgage company can't help and my lawyer writes his lawyer a letter, charges me 300.00, his lawyer reads the letter, charges him 300.00 and the BPD/NPD does what he wants anyway.  I'm praying for a solution here. 

[ForeverDad]

Sounds like you should have brought the check to his lawyer's office, had him come in and sign it while his lawyer stared him down.

Hmm... .Can you do that, arrange for him and you to be at his lawyer's office and him bring the check and his lawyer or staff tell him bluntly to sign it?  Maybe his lawyer can tell him he needs to come in so they can view and discuss the check then his own lawyer could ask him to sign it then and there?

[Matt]

Sounds like you should have brought the check to his lawyer's office, had him come in and sign it while his lawyer stared him down.

Hmm... .Can you do that, arrange for him and you to be at his lawyer's office and him bring the check and his lawyer or staff tell him bluntly to sign it?  Maybe his lawyer can tell him he needs to come in so they can view and discuss the check then his own lawyer could ask him to sign it then and there?

Yeah, his lawyer may be the right person to get this done.  Make sure his lawyer knows that if this doesn't happen very soon, you will file a motion to ask the court to make him sign it, and you will also ask the court to award you legal costs, so he will have to reimburse you for all your legal fees.  If his lawyer is honest, he'll insist that he endorse the check immediately.

[casper324]

Hindsight... .when the check came back from the first bank it was returned fedex and addressed to him, I don't open his mail so it was forwarded to him in his mail.  At this time  I don't even have the check he does.  His attorney is the stereo type of of sleazy lawyer but I will give him credit for doing his job.  His client hasn't paid a penny of support for our properties since August, hasn't returned court ordered copy of my PC's harddrive that had business books as personal files, comes to the property unannounced as required.  NOTHING MATTERS, nothing gets done, he continues defiance to anyone and everything. 

I just paid the mortgage on my current place to keep it out of forclosure in an attempt to sell and not loose everything.   His actions have now pushed the listing date to 1/1/14 and my money will run out this month. We had a business together and I also worked a  job for family health insurance. That  job ended and I was able to collect unemployment.  My unemployment ran out this week , he's ruined my business and reputation with clients by his Campaign of Distortion and I am too "experienced" for a crappy job and have had one interview for a good paying job in a year that I did not get.    I was hoping to have the place listed 12/2 and it will be priced to sell now he's got me back in my cement shoes.  I feel I take 3 steps forward and 2 backwards every day. 

Today's nastygram  says his attorney says not to sign the check until he reviews it.  What can the the attorney review?  The fact that insurance issued a check for a claim?   Its  is only going to cost him more money and delay this mess more.  I am a very strong person but he's got me  hog tied and beaten down to where I want to give up this fight and just walk away from everything I worked for my entire life.

[marbleloser]

Who was the check issued to? The roofing company I presume?

[casper324]

Who was the check issued to? The roofing company I presume?

According to my insurance company any claim over 2500.00 has to be issued to and endorsed by all parties with a financial interest in the property so me, him, Mtg co #1 and Mtg Co #2.  I tried to have the insurance company reissue the check to the roofing company directly but because of the new rule (IDK if this is industry wide or just my insurance companies policy) his name would still appear along with me, the mortgage companies and the roofing company.   

[marbleloser]

That's pretty standard for insurance companies. So,the roofing company hasn't been paid yet then.Right?

[casper324]

That's pretty standard for insurance companies. So,the roofing company hasn't been paid yet then.Right?

Correct and they claim that they need to be paid by the homeowner, not the insurance company.  I am not sure if Mtg Co #1 will hold the check in escrow or if they will endorse it to me so I can pay the contractor.  No work can be done until I have cash in hand or it easily payable upon completion for the roofing company.