QUESTION

Is the bank responsible for this integrity issue to dump the loan on my husband who made himself liable for the loan in our divorce?

Asked on Feb 11th, 2015 on Divorce - North Carolina
More details to this question:
When my husband was being distant and aloof about our marriage, I asked him for a divorce. I thought it would wake him up, instead he agreed. We agreed to do an equity line on the home I paid cash for to make 1 debt instead of all the unsecured debt we had. Instead of going to the local bank we used in the past, he mentioned he knew someone at another local bank. The ex-girlfriend of his Lieutenant (later I would learn she was having an affair with my husband) so I went through with the loan. After the fact, my husband began to sleep outside the home more often and I told him this is too much on our kids so he lied about where he would be living (it turned out to be her home) and not long after our daughter caught the woman in my home when I was not home. As soon as we divorced, they married. I would have never agreed to this loan if I knew of the affair. I feel deceived by the bank.
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1 ANSWER

Child Custody Attorney serving Raleigh, NC at Palmé Law Firm, P.A.
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From the family law perspective, if you are divorced without having resolved your equitable distribution or at least filing a claim (including the house and loan) you have lost the ability to use the statutes for equitable distribution. I cannot tell you if there is a criminal or regulatory problem with how the loan was obtained. That is an issue best answered by the NC Attorney General's office.
Answered on Feb 13th, 2015 at 7:55 AM

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