How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88714
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

my x never refi ,4 years since sold to him, &BANK OF THE WEST

Customer Question

my x never refi ,4 years since sold to him, &BANK OF THE WEST gave him 120k HELOC while i still own house
Submitted: 1 year ago.
Category: Legal
Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer. I would like to assist you today.

Can you please tell me what question you would like to have answered today?
Customer: replied 1 year ago.


altho my X HUB and new wife are very rich, they never refi home in california,its been 4-5 years since i quit claim. i'm waiting 4 final div papers come in email soon. i have damages of $1000 a month due to that mortgage.they pay it,but it is too big debt on my credit. if divorce says he will refi, or says nothing about it,bank wont take me off,he must refi & i want damages,i cant go bac to div JUDGE,he can hurt my alimony,etc.my atty died. got another atty 4 yrs ago just 4 amt of alimony, he took 85K from me,will take 20 yrs to make that up.now he wont help on contingency,he wrote letter t Bank th, and they wont help.ALSO, b4 div,when i own home, he used poser w/my ID,FOR 100K heloc. but if i report he lose job,i would lose alimony.WHAT SHOULD I DO? i left message on his atty ph,i have to wait for the papers f div final he wrote,i'm in Israel now.

Expert:  LegalEagle1 replied 1 year ago.
I am having difficulty understanding what you have written. I am going to opt out and see if another expert may be able to better grasp what you written and assist you.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you. Your previous expert has asked me to assist.

Unfortunately, you are in a very difficult position of wanting to take action and being afraid to lose your support money. I am afraid though that he has committed fraud and if you do not report it, regardless of the consequences of them possibly arresting him, there are no other actions you can take until the divorce occurs and there is some court order or some written contractual agreement between the two of you that he would refinance the home. Absent any written agreement between the two of you that he would refinance or the court ordering he refinance or sell the property, there are just no other legal actions you can take in the courts other than get the court to compensate you for these actions as part of the divorce community property agreement.

If you report this to the bank for fraud and identity theft regarding the HELOC he can be prosecuted and then you could sue him for the damages he caused as a result of his fraudulently obtaining the loan.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 1 year ago.


i did not get 1 psitive thing i could do, only negative leaving no hpe r opportunity fr justice to get my identity off huge mortgage i quit claimed about 5 years ago the house. also about the HELOC 100K, I THINK that fingerprint would not be mine unless i was drugged. it was 10 years ago.there must be a way i could get damages and insist on he refi,withut ging back to judge in divorce case.thru the bank ,i am customer on 2 mrtgages, the small one is not involved now. Very long term client with that bank and still will be for that othger small mortgage.

Customer: replied 1 year ago.
Relist: Incomplete answer.
tell me 1 positive item i can do. i just explained in detail to the answer why it was incomplete.plz find that paragraph
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your wonderful feedback, but as attorneys we do not make up your facts. You came here and presented your facts. We also do not make up the laws or the legal process, your state's legislature makes those up.

Thus, you presented us your facts and I believe you misread my response if you think I told you just negative. You see, YOU claimed you do not want to take the proper legal recourse, which is reporting him for identity theft and you said yourself you could not report him because if you did he would lose his job and you would lose your alimony. This is not my fault, yet you are blaming me because you do not want to follow the legal process available to you to get your name off the HELOC.

You said you do not want to report it as fraud in your cryptic paragraph that you "explained in detail" because he would lose his job and thus he could not give you money then for alimony. Reporting the identity theft, as was told you in the first reply, WAS THE POSITIVE THING YOU COULD DO AND IT WOULD SOLVE YOUR PROBLEM, but it is you who says you do not want to take it.

If you choose not to take the legal steps to protect yourself from the fraud that occurred, the court can hold that by your inaction you agreed to them. Thus, take the step and report the fraud on the HELOC and when you prove it is not your signature on the mortgage they would charge him with fraud and identity theft and remove your name from the loan.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88714
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


i assumed surely he would refi after i QUIT CLAIM,5yrs ago, because half that 2k payment a month is in my name. so i want that charged back to him in higher mortgage and half given to me refunded. i thought it would be illegal to be kept on mortgage for home i no longer owned.but now i think it is great gift that he kept paying for my identity. Just like IRS, THEY GAVE ME 100% REFUND OF ALL HIS ESTIMATED QUARTERLY PAYMENTS A MILLINAIRE would have to pay, and he had to repay IRS.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

While he "should" have refinanced after you sent him the quit claim, unless that divorce order mandated him to refinance, you have to now sue him to force him to refinance the house or sell the house. If the divorce order stated he had to refinance, then you file a motion for an order to show cause for contempt of court. It is not illegal for him to keep your name on the mortgage of a home once you sent the quit claim deed, the court had to order him to refinance to remove your name from the mortgage. This happens in many divorces and when the court order of divorce states that you are not liable for the mortgage, when you apply for a new loan for buying another property and you give the bank a copy of that court order the bank does not actually remove your name from the other mortgage, but they do not include that other mortgage in your credit calculations.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.