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ANDREA,
ANDREA,, Lawyer
Category: Family Law
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Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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My Lawyer says she cant fight for my 2nd mortgage ( loan consolidation)

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My Lawyer says she can't fight for my 2nd mortgage ( loan consolidation) thats in question. My to be Ex got the 2nd mortgage with out my knowledge or signiture. I was being activated in the National Guard and the active loan date, according to the bank , was Jan .23. I signed a Power of Attorney Jan. 27th ,through the National Guard, and the banks checks to the 4 different creditors were dated Jan. 30th. I've been paying it off by myself with no help from her. It was originally for a total of $31,000 in Jan. 2003 now it's down to $13,500.

Should she, my lawyer, be handling this or do I need a different lawyer to do it?
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm very sorry to hear of your dilemma.

Unfortunately, when you gave your wife the Power of Attorney that was so broad as to allow her to take out mortgages in your name, you were just asking for trouble. However, apparently that is what you did.

I'm not sure what you mean by active loan date. However, look at all the documentation. If she did not sign your signature on any loan documentation until AFTER the moment that she had the the POA, it doesn't matter when she began looking to fund the loan.

So long as the POA was not violated, and the financial transaction made was, arguably, to your benefit--which arguably it was--there is not a thing that you can do about it.

I presume that your present attorney is a private attorney. There is no reason that she should not be handling this, unless she is incompetent to handle any other area of law except family law--in which case you should fire her and get a more well rounded attorney to assist you.

I wish you the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug



LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27887
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 6 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

The date on the loan paper is Jan. 24, 2003 and my to be Ex's mother signed portions of the loan (Open-End Mortgage) on the 24th also. My Power of Attorney is dated and signed by me on Jan. 27th. Who is responsible for this mix up of allowing the loan to go through? Also, if my attorney only practices Family Law, should she competant in matters like this 2nd Mortgage? Sorry about the confusion but

I am responsible for my debt but she is walking away ( my to be EX) with not being accountable for her debts.

Expert:  ANDREA, replied 5 years ago.
If your soon to be ex-wife signed your name to any loan documents BEFORE you executed the Power of Attorney, then she could not bind you to anything because the POA was NOT in effect yet.

If the lending institution failed to closely examine the dates on the POA and their loan documentation, that would be their problem. They cannot hold you liable. You might even inform them that your soon to be ex-wife is perpetrating a fraud by having signed your name without your authority to do so.

If your attorney is representing you in your divorce proceedings she SHOULD take care of this matter because it comes under "equitable distribution" - the distribution betweem husband and wife of marital property as well as marital obligations. If your spouse used these funds to take care of nonmarital debts, the attorney should demand that her "side of the balance sheet" be charge with all amount she appropriated to her own use which was not a marital debt.

If you feel I have helped you, please click on the "ACCEPT" button so that I may receive credit for my work. Thank you and Good Luck!

ANDREA
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11563
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 6 other Family Law Specialists are ready to help you

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