QUESTION
My ex wife got a home equity line of credit against our house after she left the house and moved in with her boyfriend.
Asked on Oct 09th, 2013 on Civil Litigation - New York
More details to this question:
Somehow the bank approved this without my knowledge. It did not matter to the divorce judge and he considered it marital debt and I ended up paying half of the loan when the house sold. I spoke with the bank about this and although I am on the deed they would not give me any information on this line of credit. I asked the bank manager if he thought it was odd that I was on the deed with her yet I have no access to the loan information, at that point our meeting ended rather abruptly. My question is, that if I did not approve this loan, what is my recourse? Can I go after the bank or my ex or both? If I request the original loan application and prove that it either wasn`t me or they didn`t do the loan correctly at the bank. Either way one of them are in the wrong. I just do not know where to begin with this. Do I need a lawyer or is this small claims? The line of credit was for $14,000.00
1 ANSWER
What did the divorce judge hold with regard to the line of credit? If the issue was already decided by him/her (in ruling that it was marital debt), you cannot relitigate it, although you may (depending on how long ago the relevant decision was issued) be able to appeal that ruling. Also, the limit for small claims in New York is $6000, I believe, but you have the right to represent yourself in any action, not just small claims actions.
Answered on Oct 10th, 2013 at 12:04 PM