Fraud to mortgage from my Ex-husband and new wife

[bvaz69]

What is the name of your state (only U.S. law)? Texas
I have been separated from my ex- husband since June 2003, we got divorce in December 1st 2006, I was awarded by the Judge for the house we bougth while married, he was no paying the house, my ex-husband was desvested of any rigths or claims in the property it was estipuladet on the divorce decree I was going th erson who was going to discharge the loan we have in the property, he agree in that,
He remarried to someone else in 2007, now his new wife claims, they are the legal owner of my property, in order to buy Hazard insurance on my property, they went in January and bougth four different insurances and was paid from the escrow money of my house, my ex-husband and new wife then cancelled the policies and ask for the refund money to be sent to them instead of the mortage company, they are getting money out of my escrow, and the bank is telling me I have a shortage i have to pay, or my monthly payment is going to up from$800.00 a month to $1,100.00 because they defrauded my money from the mortgage
what i can do?

 

[Isis1]

What is the name of your state (only U.S. law)? Texas
I have been separated from my ex- husband since June 2003, we got divorce in December 1st 2006, I was awarded by the Judge for the house we bougth while married, he was no paying the house, my ex-husband was desvested of any rigths or claims in the property it was estipuladet on the divorce decree I was going th erson who was going to discharge the loan we have in the property, he agree in that,
He remarried to someone else in 2007, now his new wife claims, they are the legal owner of my property, in order to buy Hazard insurance on my property, they went in January and bougth four different insurances and was paid from the escrow money of my house, my ex-husband and new wife then cancelled the policies and ask for the refund money to be sent to them instead of the mortage company, they are getting money out of my escrow, and the bank is telling me I have a shortage i have to pay, or my monthly payment is going to up from$800.00 a month to $1,100.00 because they defrauded my money from the mortgage
what i can do?

you definitely need to consult with an attorney in your area. your situation calls for something a forum cannot provide.

 

[mistoffolees]

you definitely need to consult with an attorney in your area. your situation calls for something a forum cannot provide.

I would also call the police to find out what you need to do to charge them with identity theft or fraud (the actual charge will depend on the details of how they got the money).

Beyond that, it gets trickier.

If, for example, the mortgage is in YOUR name, you would approach the bank and insurance company and notify them that they did not have your approval for the change and that they need to restore things to the way they were. In that case, you can also notify the credit agencies of a fraudulent transaction so that it isn't held against you.

If the mortgage was in HIS name, you probably don't have that option - you'll likely need to go back to court to file for contempt and/or defrauding you. If that is the case, you may need to pay what the bank is asking and then try to collect it form your ex.

But I agree- see an attorney because it's complicated and depends a great deal on specifics.

 

[bvaz69]

the mortgage was on his name as principal borrower, now the mortgage company don't let him do changes no more, and now he said because he is not hable to do changes on my mortgage he is the victim here.
since we got divorce i sent i certified copy of the divorce decree to the mortgage company, to inform them i was going to be the person responsible of the mortgage loan, i have a certification when they receive this certified divorce decree in Jan/ 2007
I have contacted the mortgage company, they response was, they feel very sorry for what happend but is some limitations of what they can do, since my ex-husband all ready cashed the checks, the bank said they are not going to be able to get the money back from him, thats why they want me to pay it back, and proced in a legal way in order to get the money back from him and his wife,
the Insurance Agency told me the same,

 

[Ohiogal]

the mortgage was on his name as principal borrower, now the mortgage company don't let him do changes no more, and now he said because he is not hable to do changes on my mortgage he is the victim here.
since we got divorce i sent i certified copy of the divorce decree to the mortgage company, to inform them i was going to be the person responsible of the mortgage loan, i have a certification when they receive this certified divorce decree in Jan/ 2007
I have contacted the mortgage company, they response was, they feel very sorry for what happend but is some limitations of what they can do, since my ex-husband all ready cashed the checks, the bank said they are not going to be able to get the money back from him, thats why they want me to pay it back, and proced in a legal way in order to get the money back from him and his wife,
the Insurance Agency told me the same,

Why didn't you refinance the mortgage?

 

[bvaz69]

because i tried to refainance the mortgage and in order to do that the mortgage company, told me, he need to sign some papers for the loan been transfered to my sole name, he did not agree to sign those papers, he said he will sign papers only if I agree to sell the property.

 

[Isis1]

because i tried to refainance the mortgage and in order to do that the mortgage company, told me, he need to sign some papers for the loan been transfered to my sole name, he did not agree to sign those papers, he said he will sign papers only if I agree to sell the property.

then you should have requested a court order so that he would be forced to sign.

 

[mistoffolees]

the mortgage was on his name as principal borrower, now the mortgage company don't let him do changes no more, and now he said because he is not hable to do changes on my mortgage he is the victim here.
since we got divorce i sent i certified copy of the divorce decree to the mortgage company, to inform them i was going to be the person responsible of the mortgage loan, i have a certification when they receive this certified divorce decree in Jan/ 2007
I have contacted the mortgage company, they response was, they feel very sorry for what happend but is some limitations of what they can do, since my ex-husband all ready cashed the checks, the bank said they are not going to be able to get the money back from him, thats why they want me to pay it back, and proced in a legal way in order to get the money back from him and his wife,
the Insurance Agency told me the same,

Since the mortgage was still in his name, that might rule out identity theft.

I think at this point, you should be talking to an attorney. They will do several things:
1. Ask for a court order that you be reimbursed for all the money it takes to fix things. You can ask that interest be added to these amounts.
2. Ask for him to be found in contempt for violating the divorce decree (chances are that he'll get off with a warning for the first offense).
3. Ask for an order that he must sign the appropriate documents so you can refinance. Note that this only works if you're sure the bank will let you refinance. The bank can't be ordered to do so if your credit isn't good enough.
4. Ask for a quit claim deed so that his name can be removed from the title.
5. Ask for him to be forced to pay all your legal expenses since what he did was clearly wrong.

Meanwhile, to protect your credit, you will probably need to come up with the money to bring the escrow account current.

To other readers, this is a great example of why you don't want to leave exes on your mortgage or title. A good attorney should have caught all of this before the divorce was finalized.

 

[Zigner]

Since the mortgage was still in his name, that might rule out identity theft.

I think at this point, you should be talking to an attorney. They will do several things:
1. Ask for a court order that you be reimbursed for all the money it takes to fix things. You can ask that interest be added to these amounts.
2. Ask for him to be found in contempt for violating the divorce decree (chances are that he'll get off with a warning for the first offense).
3. Ask for an order that he must sign the appropriate documents so you can refinance. Note that this only works if you're sure the bank will let you refinance. The bank can't be ordered to do so if your credit isn't good enough.
4. Ask for a quit claim deed so that his name can be removed from the title.
5. Ask for him to be forced to pay all your legal expenses since what he did was clearly wrong.

Meanwhile, to protect your credit, you will probably need to come up with the money to bring the escrow account current.

To other readers, this is a great example of why you don't want to leave exes on your mortgage or title. A good attorney should have caught all of this before the divorce was finalized.

THAT is not going to happen. The guy is NOT going to sign a quit-claim and still be on the hook for the mortgage. Well, ok, he *might*, but that would be an incredibly stupid move on his part.

 

[bvaz69]

I have the certified divorce decree recorded for file in the real property of montgomery county, and the title of the property due to inmunity of title is under my name since Jan/ 2007, I have done that.. so i have the title of the property under my name,
deeds records shows property under my name upon divorce.
and property taxes are been collected for my property under my name also.

 

[mistoffolees]

THAT is not going to happen. The guy is NOT going to sign a quit-claim and still be on the hook for the mortgage. Well, ok, he *might*, but that would be an incredibly stupid move on his part.

Sorry, I wasn't clear. My item #3 was to get an order for him to sign documents so OP can refinance. Item #4 was for him to sign a quit claim. I agree that he shouldn't do #4 until #3 is done (or at the same time).

My apologies for any confusion.

 

[mistoffolees]

I have the certified divorce decree recorded for file in the real property of montgomery county, and the title of the property due to inmunity of title is under my name since Jan/ 2007, I have done that.. so i have the title of the property under my name,
deeds records shows property under my name upon divorce.
and property taxes are been collected for my property under my name also.

Call an attorney. That solves the problem of getting his name off the title, but doesn't solve any of the other problems I listed in my previous post.

It does, however, raise the question of how he was able to change the insurance when he's not on the title, but frankly, fighting with the insurance company is probably going to take you more time and money than it's worth. Just go after your ex.

 

[bvaz69]

Thats is what i'm trying to do, i'm trying to get him liable for the money he toke out fraudulent from the mortgage money.
The insurance agency contact him to ask them for the money sent back to me or the mortgage, His wife stated "she and her husband are the legal owners of my property and they will address any of my concerns directly with me"... which is a lie, because they are only using the system to scam money out of the escrow money, when they bougth the insurance for my property over the phone his wife (she is the one who make the arrangements to buy the insurances policies over the phone) stated to the insurance agent she was going to buy the property from me, thats how she scamed the insurance office on order for them to collect the money from the escrow, which i don't understand if a person want to buy a property and need insurance for it, why the insurance agency did not request the payment from them, instead of the mortage?
Now I have to get a personal loan here at work to pay the mortagage shortage, because i know this matter going to take time to get this money back from them, if I ever get any money back, and I probably end expending more money in lawyers fees than the $2,700.00 they stolen from the mortgage.

 

[mistoffolees]

Thats is what i'm trying to do, i'm trying to get him liable for the money he toke out fraudulent from the mortgage money.
The insurance agency contact him to ask them for the money sent back to me or the mortgage, His wife stated "she and her husband are the legal owners of my property and they will address any of my concerns directly with me"... which is a lie, because they are only using the system to scam money out of the escrow money, when they bougth the insurance for my property over the phone his wife (she is the one who make the arrangements to buy the insurances policies over the phone) stated to the insurance agent she was going to buy the property from me, thats how she scamed the insurance office on order for them to collect the money from the escrow, which i don't understand if a person want to buy a property and need insurance for it, why the insurance agency did not request the payment from them, instead of the mortage?
Now I have to get a personal loan here at work to pay the mortagage shortage, because i know this matter going to take time to get this money back from them, if I ever get any money back, and I probably end expending more money in lawyers fees than the $2,700.00 they stolen from the mortgage.

Please see my post. You should be able to recover your legal expenses, interest, and the money he took.

 

[bvaz69]

I know, is just it's going to take some time to get the money back from them, and on the mean time i have to repay the loan im getting from my boss, because if I don't pay that money to the mortgage company the interest of the shortage going to acrue after 60 days of the account been short.. and the mortgage is been short since Jan/ 2010..
i have complaints filed at BBB of Houston and Texas Department of insurance
and my lawyer is taking to much time to file the motion in court, I contacted her today and she says she is writting letters to the mortage, insurance company and my ex-husband to see if they refund the money, which, i all ready contacted myself and they are in no position of making any arragements to pay the money back, he thinks he can get away with the money.
thats is the part it make me sad, i have to expend money i don't have, and is taking so long to get any help...
and because I have the inmunity of tittle filed with the mortgage company, now he complains to the mortgage he is been a victim of identity theft, because his name is not longer the principal borrower, and he can make no changes to the mortgage