Legal Question in Real Estate Law in Pennsylvania

I live in Pittsburgh, PA. When we bought our house, my credit wasn't good, so the mortgage was in my husband's name, with me listed as "wife." I am also on the deed. We are in the midst of divorce, and I have found that he had refinanced the house without my consent. I don't know how he did that, since my name is listed on the Fair Lending Form(his copy doesn't show any signatures) . Doesn't that form have to be notarized? How could he have done this, and do I have any legal way to fight back? He took $22,000 of equity out of our house!


Asked on 3/30/13, 9:58 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

He should not have been able to put a mortgage on a house that you also own without your signature on the mortgage. Your divorce lawyer should be questioning the validity of that refinance mortgage and the money that he took. If he forged your name on the mortgage, or, worse, also forged your name on a deed to himself, he's committed several acts of theft.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 3/30/13, 10:38 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Pennsylvania