In family law cases, Family Law Attorney’s Real Property Liens (FLARPLs) are intended to help one party secure funds to pay for legal representation when assets are tied up during divorce proceedings. These liens allow attorneys to secure payment for their fees by placing a lien on community property, typically the family home. While this legal tool can provide access to necessary legal resources, its abuse in domestic violence cases has created a dangerous loophole for exploitation, as seen in Melanie Middien’s case.
In Melanie Middien’s divorce and civil cases—family law case BD654233 and civil case 21STCV07803—the use of a FLARPL became a means for her abuser’s attorney, John J. Gilligan of Gilligan Frisco & Trutanich, LLP, to collect an excessive attorney fee bill. Instead of using the lien to cover reasonable legal expenses, the court allowed Gilligan to seize community property far beyond what was needed to settle his $151,000 claim. The result? A ruling in favor of Gilligan to collect $502,000 including the foreclosure of two community properties, which Melanie and her disabled children rely on.
This misuse of FLARPLs in Melanie’s case represents a severe abuse of power, allowing the foreclosure of her community property without due regard for the rights and protections she was entitled to as a domestic violence survivor. Under California’s community property laws, assets acquired during the marriage are supposed to be split equally between the spouses. However, Judge Wendy Chang ruled in favor of Gilligan’s excessive demands, disregarding Melanie’s right to her share of the marital assets, ignoring Gililgan’s violation of her and her children’s constitutional rights in family law court filings, while also waiving her children’s right to child support.
Even more troubling, the foreclosure notices were sent to Melanie’s home up to six times a day, often in the name of her deceased abuser, Matthew Rader, who passed away on August 29, 2020. These notices were issued despite the fact that Melanie had a restraining order against Rader, and she had requested that no further contact be made with her abuser at her residence. The relentless pursuit of the foreclosure—based on the fraudulent pretense that Rader was still alive—compounded the emotional and financial toll on Melanie and her children.
How FLARPLs Are Meant to Work—And How They’re Abused
A FLARPL allows an attorney to secure their fees by placing a lien on the client’s share of community property. This lien is supposed to ensure that the attorney is paid once the property is sold or divided during divorce proceedings. However, in cases of domestic violence, the use of FLARPLs can be particularly problematic because survivors like Melanie often face significant power imbalances in the legal process. When attorneys exploit FLARPLs to secure excessive fees, it strips survivors of their financial stability and jeopardizes their ability to protect themselves and their children. They often are not given disclosures or information on the promissory note.
In Melanie’s case, instead of seeking a judicial foreclosure—which would have involved a more transparent legal process with court oversight—Gilligan and First American Title Company pursued a non-judicial foreclosure. This allowed them to bypass the court and take community property without giving Melanie a fair chance to contest the foreclosure. Melanie’s community property, which should have been divided fairly under California law, was effectively taken from her through an abuse of legal procedure.
The Broader Issue: FLARPL Abuse in Domestic Violence Cases
Unfortunately, Melanie’s experience is not an isolated incident. FLARPL abuse has become a growing problem in cases involving domestic violence, where abusers and their attorneys use these liens to further control and financially exploit survivors. Instead of ensuring that survivors have access to legal representation, FLARPLs are increasingly being used as a tool to strip survivors of their financial resources—community property, homes, and other assets—leaving them in even more precarious situations.
The courts, including Judge Wendy Chang in Melanie’s case, have failed to adequately protect survivors from this form of legal abuse. The court ignored previous domestic violence demonstrated in her family law case, and retried her in the civil proceeding allowing and excessive award of her community property despite the clear evidence of ongoing harassment and alleged fraud by attorneys. Even after Melanie requested that they stop contacting her abuser at her home where she had a restraining order, Gilligan continued to send foreclosure notices, adding to the emotional toll on Melanie and her children.
The Path Forward: Reforming FLARPLs and Protecting Survivors’ Rights
Melanie’s case, currently pending appeal, highlights the urgent need for FLARPL reform to ensure that survivors of domestic violence are not further victimized by the legal system. California’s community property laws must be enforced to ensure that survivors are able to retain their rightful share of marital assets, especially when their abuser has attempted to use the legal system to continue the abuse.
Additionally, courts must be vigilant in overseeing the use of FLARPLs in domestic violence cases. Judges like Wendy Chang should ensure that these liens are not used to harass survivors or to seize excessive amounts of community property beyond what is necessary to cover reasonable attorney fees. Survivors must be given the opportunity to challenge the use of FLARPLs incurred during times of abuse, especially when they are being used to fund the abuser’s legal team.
Conclusion: Ensuring Justice for Domestic Violence Survivors
The abuse of FLARPLs in Melanie Middien’s case is a stark reminder of how the legal system can be manipulated to further victimize survivors of domestic violence. Judge Wendy Chang’s decision to allow the foreclosure of community properties, combined with the fraudulent foreclosure actions pursued by John J. Gilligan and First American Title Company, represents a serious failure to protect the rights of survivors and their children.
Melanie has been sued in family, probate, and civil court for her abuser’s legal bills, and she now faces the potential loss of her home and financial security. The case is pending appeal, but the broader issue remains: the courts must do more to protect survivors from financial and legal exploitation, particularly through the misuse of FLARPLs and other legal tools designed to help—not harm—them.
Reforming the use of FLARPLs and holding attorneys accountable for fraudulent actions like those seen in Melanie’s case are crucial steps toward ensuring that survivors of domestic violence are treated with the fairness and dignity they deserve.