What is the name of your state?What is the name of your state? SC
My ex-husband and I separated in 2002 and divorced in 2003. We built our home in 1991, at which time we both borrowed (together) $45,000 total. In 1998, my ex-husband decided to take out a second mortgage, without my consent, for $50,000. I never signed anything regarding this, nor do I know where the money went. In 2002, we separated and the divorce was final in 2003. During the separation period, there were specific orders placed by the judge for neither of us to touch marital assets/liabilities. However, my ex completely ignored the judge's order, and, without my knowledge or consent he: sold a car lot for we had owned for over 9 years for $1 (it had been appraised at about $400,000); borrowed yet another $10,000 from the home equity; and stopped paying on a high-balanced credit card (over $20,000) which is now a judgment placed on the house.
In the meanwhile, the judge awarded me the house if I could get a loan for $80,000 (at the time that was what was "supposed" to be the total amount owed on it). I only agreed to this b/c my atty insisted that I do so, and I was also very exhausted from the long, drawn out legal battles. Anyway, I was approved and all was fine on my end. However, the loan process came to a halt as soon as the loan officer discovered all the excessive debt (balance now $120,000 - not $80,000) that had accumulated on the home. My ex had maxed out on everything, stealing all the equity from the home and business. Needless to say, my home is going into foreclosure, and my daughter and I are now trying to save our home.
Can I stop the foreclosure process on the home due to the fact that the second mortgage, the $50,000 fraudulent loan, was not approved by me? In fact the only mortgage I knew about was the $45,000 loan taken out 15 years go and there is still $40,000 owed - he kept borrowing money from this line of credit, which is why it is still at that $40,000. Can a spouse legally take equity from the couple's home without the other spouse being aware of this? Somewhere along the line, my name was removed from the deed and the first mortgage. How did this happen?
Also, isn't going against a judge's orders considered contempt? Can't my ex get in trouble for this? How can my ex be ordered to pay me the equity that he owes me?
My attorney seems to be sitting on his hands for some reason and has not done anything about my husband's blatant contempt. This has been going on for almost three years now! I found out that my atty represents my ex's sister on real estate issues. Isn't that conflict of interest? I am beginning to wonder who he is actually representing at this point -- my guess would be the one with the most money!!!
Anyway, can I get another atty at this point? How so? I have called others, but they will not talk to me stating that it would be a conflict of interest. Do I need to fire him first? What do I need to do to get the ball rolling on this before all is completely lost? I am losing everything I worked so hard for - while my ex is getting away with fraud and contempt, among other things!
My ex-husband and I separated in 2002 and divorced in 2003. We built our home in 1991, at which time we both borrowed (together) $45,000 total. In 1998, my ex-husband decided to take out a second mortgage, without my consent, for $50,000. I never signed anything regarding this, nor do I know where the money went. In 2002, we separated and the divorce was final in 2003. During the separation period, there were specific orders placed by the judge for neither of us to touch marital assets/liabilities. However, my ex completely ignored the judge's order, and, without my knowledge or consent he: sold a car lot for we had owned for over 9 years for $1 (it had been appraised at about $400,000); borrowed yet another $10,000 from the home equity; and stopped paying on a high-balanced credit card (over $20,000) which is now a judgment placed on the house.
In the meanwhile, the judge awarded me the house if I could get a loan for $80,000 (at the time that was what was "supposed" to be the total amount owed on it). I only agreed to this b/c my atty insisted that I do so, and I was also very exhausted from the long, drawn out legal battles. Anyway, I was approved and all was fine on my end. However, the loan process came to a halt as soon as the loan officer discovered all the excessive debt (balance now $120,000 - not $80,000) that had accumulated on the home. My ex had maxed out on everything, stealing all the equity from the home and business. Needless to say, my home is going into foreclosure, and my daughter and I are now trying to save our home.
Can I stop the foreclosure process on the home due to the fact that the second mortgage, the $50,000 fraudulent loan, was not approved by me? In fact the only mortgage I knew about was the $45,000 loan taken out 15 years go and there is still $40,000 owed - he kept borrowing money from this line of credit, which is why it is still at that $40,000. Can a spouse legally take equity from the couple's home without the other spouse being aware of this? Somewhere along the line, my name was removed from the deed and the first mortgage. How did this happen?
Also, isn't going against a judge's orders considered contempt? Can't my ex get in trouble for this? How can my ex be ordered to pay me the equity that he owes me?
My attorney seems to be sitting on his hands for some reason and has not done anything about my husband's blatant contempt. This has been going on for almost three years now! I found out that my atty represents my ex's sister on real estate issues. Isn't that conflict of interest? I am beginning to wonder who he is actually representing at this point -- my guess would be the one with the most money!!!
Anyway, can I get another atty at this point? How so? I have called others, but they will not talk to me stating that it would be a conflict of interest. Do I need to fire him first? What do I need to do to get the ball rolling on this before all is completely lost? I am losing everything I worked so hard for - while my ex is getting away with fraud and contempt, among other things!