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If your husband secretly refinances a loan and forges your…

If your husband secretly...

If your husband secretly refinances a loan and forges your signature in the loan contract, are you obligated to pay this loan?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Ny

Lawyer's Assistant: Has anything been filed or reported?

Yes,my credit is damaged because of non payment, and the bank is taking over the property

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know if i have any legal grounds to challenge both the lawyer who handle the closing and the mortgage bank, as well as my husban(ex)

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Answered in 1 minute by:
11/16/2017
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,150
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

How long ago did this happen?

.

Did ex have a power of attorney for you?

.

Has ex defaulted on the debt?

.

.

thanks

Barrrister

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Customer reply replied 7 months ago
the loan was refinanced in 2006, but i found that out this year
Customer reply replied 7 months ago
i am not sure how it was done because i was not there. But i did not give him any power of attorneyYes he defaulted and now my credit is ruined

Ok, if your signature was forged, then you would normally only have 6 years to file a criminal complaint as that is the statute of limitations.

.

But if they were coming after you civilly, then you could defend based on this being civil fraud on the part of husband and the lender in allowing him to sign on your behalf without any legal authority to do so.

.

You could also sue ex and the bank for fraud for damages as the statute of limitations is 6 years from the incident or 2 years from discovery, whichever is greater under N.Y. Civ. Prac. L. & R. §213 which states:

.

8. an action based upon fraud;  the time within which the action must be commenced shall be the greater of six years from the date the cause of action accrued or two years from the time the plaintiff or the person under whom the plaintiff claims discovered the fraud, or could with reasonable diligence have discovered it.

.

So you could sue them for fraud, defamation of character, and breach of contract and seek compensatory and punitive damages if you can prove that this was willful and malicious, which it very well may be..

.

I would suggest you contact a local consumer protection, or even a personal injury attorney to see if they could assist or get you to someone who could.

.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,150
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 7 months ago
Thanks, ***** ***** was useful.
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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).

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