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State Support Forums >> Arizona
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ray29
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Reged: 08/03/07
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second mortgage
      #122391 - 08/03/07 03:00 AM (68.227.231.178)
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I left my spouse he stayed in the house for the first 6 months while i solely paid the bills he now has taken a second mortgageout on the house since our separation some how he did this in my name as well as his and agianst the house he took the $45000 in proceeds and i have not recieved a dime he didn't have my signature or permission do i have any recourse

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theanswerguy
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Reged: 04/12/07
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Re: second mortgage [Re: ray29]
      #122532 - 08/03/07 06:46 PM (205.188.117.143)
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Have you filed for divorce yet ?

--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov


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gigi
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Re: second mortgage [Re: ray29]
      #122571 - 08/03/07 09:57 PM (69.68.21.199)
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Tree ROllins, player-coach of the Orlando Magic, did that about 10 years ago when he was divorcing his wife. They were well into the divorce & had agreed that she would get the house, so he went & got a line of credit on it, then took out to the limit of the line of credit, so the hous ewas worth nearly nothing.

It turned out he'd forged her name on the documents, got a notary to falsify a notarization to get the loan.

He was prosecuted for it. It was pretty scandalous at the time.

You want to find out what institution gave the loan, ask for the documents that got you named on the loan, and then take those to the police/prosecutors in your area, explaining that you've been defrauded out of $45,000 worth of the value of your marital property. Because you're still officially married, they might not care about the money that was spent, but they certainly will care about the forgeries & intent to defraud. What you are describing is criminal, and it's worth it to prosecute. If you do not, then 10 years from now when you've been cheated & misused for the millionth time by him, and you complain about it, people will say, "they why did you never prosecute him for it?", and ... well, that's the point. If he commits a major crime against you, you need to go forward with it. I'm not talking about a little argument, I'm talking about a felony. If it's a felony, you should be prosecuting it. And this sounds like a felony in almost every jurisdiction I'm aware of. Just do a little reserach to find out HOW he managed to get a loan on a house that's in your name, without your signature, and you'll probably find a felony hanging around somewhere.


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Sarah1014
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Re: second mortgage [Re: gigi]
      #122596 - 08/04/07 01:15 AM (24.14.185.5)
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That's EXACTLY what I was thinking.

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