Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My Lawyer says she cant fight for my 2nd mortgage ( loan consolidation)

Customer Question
My Lawyer says she can't...
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: 8 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 hours by:
7/1/2009
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 8 years ago
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
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
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
LawTalk and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 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.

Family Lawyer: ANDREA,, Lawyer replied 8 years ago
ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
Verified
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,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
Verified
ANDREA, and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask ANDREA, Your Own Question
ANDREA,
ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
12,554 Satisfied Customers
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law

ANDREA, is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

37,857 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Ray NC law RE: Equitable Distribution and Consent Order. I
Hello RayNC law RE: Equitable Distribution and Consent Order.I understand a Consent Order is just that. The parties agreed and consented to certain things. As such, I believe this is typically not sub… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
NC, Equitable Distribution laws. Equitable distribution and
greetings-NC, Equitable Distribution laws.Equitable distribution and distributive award.E.D. Judgment: marital home is over-valued. . Broker used the courts over-valued sales price. . 6 months later b… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
We spoke yesterday regarding Family Law Custody and Divorce
Hello Chris. We spoke yesterday regarding Family Law Custody and Divorce issues in Florida. I have another question in that regard. Is this the place where I ask you that question?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Share of 50%of Equitable distribution pay tax? ( husband's
Share of 50%of Equitable distribution pay tax? ( husband's compensation )At the divorce settlement, Share of Marital assets, liquid assets, retirement accounts pay tax?Who's paying tax on?Wife has not… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Its family Law, a divorce one child who is 16 yrs old.
Its family Law, a divorce one child who is 16 yrs old … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
This is a family law question. My wife has filed for divorce
This is a family law question. My wife has filed for divorce and we have been married for more than 20 years. However, for the last 7 years, she has forced me to live in the basement and alienated my … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
Family Law/Divorce/Separation: I live in Pennsylvania. My
Family Law/Divorce/Separation: I live in Pennsylvania. My wife of 28 years has moved out complete about 3 1/2 months ago. She has moved out on about 3 other occasions stating various reasons such as I… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
I am middle of divorce and my family law attorney said there
I am middle of divorce and my family law attorney said there is nothing much we can do anymore about property issues for companies in family court. I am looking for the way to make a claim in civil co… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
Our question is family law how do we address mothers
Our question is family law how do we address mothers hindering the medical and independent needs of son in wheel chair. failing to meet the recommendations of school and doctors . by doing everything … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
I need a good family law lawyer for a divorce/custody case.
I need a good family law lawyer for a divorce/custody case. What is a typical retainer and typical cost overall? Are there any lawyers that will allow payments over time? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Family Law Questions regarding divorce/name change/adoption,
Family Law Questions regarding divorce/name change/adoption … read more
socrateaser
socrateaser
1,031 satisfied customers
I have question re: Family Law/Divorce and a QDRO around
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
Divorce settlement equitable distribution amount is up to
Divorce settlement equitable distribution amount is up to the date filed divorce or judgement of divorce? Ny.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I have a question about equitable distribution in North
Hi Pearl, I have a question about equitable distribution in North Carolina. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Im confused on what equitable distribution laws are through
Im confused on what equitable distribution laws are through a masters. If I have non-marital funds and so does my wife as defined through a prenup, does a masters weigh out the non-marital contributio… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x