QUESTION

Ex really got a mortgage without my signing

Asked on Apr 22nd, 2014 on Foreclosures - Florida
More details to this question:
I co-owned a property that was refinanced in 2007 without my knowledge or consent. I was not living there at the time. I am on the title deed to the property but this new loan does not have my signature anywhere nor did I sign a warranty deed. I've read everywhere that banks won't refinance without everyone on the deed at least signing the mortgage documents and warranty deed so that they can foreclose, however I never signed anything. Now she is in foreclosure and I received copies of her mortgage note, proving I never signed anything. I understand that this is unusual and I know that I am not legally responsible for her debt, but now there is some issue because I am on the title to the property. I have gotten phone calls from attorneys and banks telling me if I didn't sign a quit claim deed my credit would be affected and other various threats. The most recent one told me I would be liable if anyone got hurt on the property and tried to get me to sign hardship financial paperwork which would be a completely fraudulent claim. She owed me money that I assumed I would get when she refinanced the house, I wasn't concerned with the time going by as I maintained ownership in the property. However now I find that bank gave her all the equity when she refinanced. I feel that I am entitled to the money owed me but could I ever collect this and is the bank liable for anything? How could they give her all that money without my consent? I feel that no one is being honest with me and need to know what recourse I have if any.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
You should sign NOTHING until you retain a lawyer to help you sort this out. Typically a mortgage on a homesteaded marital property is void unless signed by both husband and wife. If they pressure you into signing something, you could end up fixing thier problem and creating your own.
Answered on Apr 28th, 2014 at 9:31 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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