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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11332
Experience:  Licensed Texas General Practice Attorney
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My best friend is from Colombia, they both reside in Pennsylvania,

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My best friend is from Colombia, they both reside in Pennsylvania, her husband made her sign a 'Subordination of Marital Rights', she did not undertsand what this document meant but because her husband and the banker was sitting right there she signed it, she has asked me if I knew how she could reverse the 'Subordination of Marital Rights' Real Estate, is this possible, in the document she saigned it does say "It is spefically understood by the undersigned that she can not claim any rights". Can she reverse this letter or is she stuck?
Submitted: 11 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 11 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your friend's situation. The main problem here is that, even though she does not understand the language well enough to understand the contracts, there is a legal presumption that someone has read a contract and understands the terms, even if it's clear that they have not. For instance, you cannot avoid enforcement of a 50 page cell phone contract, merely by saying you didn't read it. The same goes for speaking a language. There is a legal presumption that the person signing a document understands the terms of that document.

ScottyMacEsq :

Now it's possible to get it rescinded IF it can be demonstrated that the bank (or other entity that would benefit in this situation) knew that she did not understand it and deliberately took advantage of that.

Customer:

So there is nothing she can do to reverse this document?

ScottyMacEsq :

But it would need to be shown that the bank knew that she did not understand, and that they knew that she would not sign this if she did understand it. That would be difficult to show.

ScottyMacEsq :

So in short, it would be very difficult to reverse this.

Customer:

I will attach the document.

ScottyMacEsq :

I know what the document says. What it says is not important (as to whether or not it can be reversed) unless it specifically gives a right to reverse it.

Customer:

Ok, I undertsand. Thank you.

ScottyMacEsq :

Rather, the circumstances surrounding the contract would be important, in that if the bank officer knew that she didn't know, etc...

Customer:

No it does not. Ok I will let her know. Thanks for the response.

ScottyMacEsq :

But that being said, the court can consider this in awarding a disparate award should they actually get divorced.

Customer:

ok, thats good.

Customer:

I will let her know

ScottyMacEsq :

So while the contract with the bank probably would stand, she can avoid the "punitive" elements of it assuming there are assets elsewhere.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thank you.

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11332
Experience: Licensed Texas General Practice Attorney
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