Ask a Legal Question
  1. #1

    Join Date
    Apr 2012
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Separation - Husband opens Home Equity Loan without Wife's knowledge.........

    Jurisdiction / State: Pennsylvania

    Just had a friend receive a raw deal! In order to stay in her home, she sacrificed spousal support to allow her to get a mortgage on the home - only having to finance her "half". They all met and settled before going to the judge - but she had to agree to be responsible for 1/2 the debt. ($40,000 total). That being reasonable - she signs off on the separation......whatever document agreeing to all of the above.

    The next day the Husband leaves the home equity bank statement .... which she has not seen....and he has used it to pay all of the bills - mortgage....taxes.......girlfriend's new furniture..........for the past 5 years. So basically she is having to pay for everything she thought had been handled. She went back to her attorney and he says it is tooooooo late - is she not able to file some type of appeal.....etc.? Does she have any recourse with the bank as she did not know about it - never wrote a check from the account..... or does simple ignorance play out and she is screwed?

  2. #2
    Super Moderator Samaritan & Scholar
    army judge's Avatar
    Join Date
    Nov 2009
    Location
    Pago Pago
    Posts
    15,193
    Thanks
    310
    Thanked 1,601 Times in 1,579 Posts
    Quote Originally Posted by Calista1 View Post
    Just had a friend receive a raw deal! In order to stay in her home, she sacrificed spousal support to allow her to get a mortgage on the home - only having to finance her "half". They all met and settled before going to the judge - but she had to agree to be responsible for 1/2 the debt. ($40,000 total). That being reasonable - she signs off on the separation......whatever document agreeing to all of the above.

    The next day the Husband leaves the home equity bank statement .... which she has not seen....and he has used it to pay all of the bills - mortgage....taxes.......girlfriend's new furniture..........for the past 5 years. So basically she is having to pay for everything she thought had been handled. She went back to her attorney and he says it is tooooooo late - is she not able to file some type of appeal.....etc.? Does she have any recourse with the bank as she did not know about it - never wrote a check from the account..... or does simple ignorance play out and she is screwed?
    Your last question answers itself.

    It pays to know what is going on in your life.

    As an adult, you're presumed to know many things.

    It isn't what you know that ever hurts you.

    Its what you don't know that kills you.

    Bottom line, her lawyer is correct.

    She owns this one.

    She's not that bad off, she is rid of the bum that cheated her.

    You might tell her this, OP, she can take solace in knowing that her "ex" will do it to the "other" woman one day.

    Or, if she's really lucky, the "other" woman might just do it to him!!!!!



    Ahhh, O. Henry could have done wonders with this sweet bit of irony!!!!

Similar Threads

  1. Ex-husband is threatening to sue for equity
    By CNichol in forum Divorce, Separation, Annulment
    Replies: 3
    Last Post: 11-12-2010, 12:26 AM
  2. Bank re-opens auto loan account, but already sent the title..
    By sinny in forum Speeding Tickets, Traffic & Moving Violations
    Replies: 0
    Last Post: 07-06-2009, 09:37 PM
  3. Negative Equity and Separation...where do I stand?!
    By M355Y in forum Other Family Law Matters
    Replies: 4
    Last Post: 12-22-2008, 11:59 AM
  4. Personal Bankruptcy Husband took out equity loans without my knowledge..now he files for bankruptcy..help
    By jawsi77 in forum Bankruptcy Law
    Replies: 1
    Last Post: 06-05-2008, 03:24 PM
  5. Settlement of a Home Equity Loan on Delaware Property
    By megamooo in forum Other Ownership, Use & Privacy Issues
    Replies: 1
    Last Post: 03-20-2007, 01:29 PM

Log in

Log in