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

gave him 120k HELOC while...
my x never refi ,4 years since sold to him, &BANK OF THE WEST gave him 120k HELOC while i still own house
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Answered in 5 hours by:
5/3/2013
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 25 years.
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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?
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Customer reply replied 4 years 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.

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.
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Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,085
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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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.



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Customer reply replied 4 years 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 reply replied 4 years 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
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.
Category: Legal
Satisfied Customers: 121,085
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 4 years 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.

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.
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