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 J. Warren Your Own Question
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
64316804
Type Your Real Estate Law Question Here...
J. Warren is online now
A new question is answered every 9 seconds

My ex husband and I own a home together in Colorado It is a

Customer Question

My ex husband and I own a home together in Colorado It is a joint tenancy agreement He recently took out a mortgage on the house H says he has my power of attorney. I don't remember ever signing a poa. We have been divorced foe 13 years and I have signed nothing regarding the house since then That loan is on my credit report yet I received none of it Do I have a case if I sue him
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 6 months ago.
Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. If this is not the original mortgage of the property when you were husband and wife, the fact he has a POA (assuming he does) does not give the right for someone to be placed on a mortgage in which you did not agree to be liable for. You may also have an action against the lender for putting a mortgage in your name in which you did not agree to. Also an action against your ex if he forged your name on loan documents. If a new deed was not recorded after a divorce with the both parties individually as joint owners and not as husband and wife, the joint tenancy is severed and a tenancy in common is created. The ex could put a mortgage on his 1/2 of the property but not encumber all the property without your consent. If he claims he had a POA to do this and did not it is fraud. The lender needs to be contacted first to see what documents were executed and a full copy of those provided to you. Next you should retain local counsel to clean this mess up. It could be the lender is liable to you or your ex is, or perhaps both but without your consent you should not have been added to any underlying loan documents as joint owner or tenant in common. All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! Please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).
Expert:  J. Warren replied 6 months ago.
Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

Related Real Estate Law Questions