Wife cleaned me out of $21,000...

[dman]

We were married in 07/99 and then cashed out $17,000 out of the home that I bought in 1995. She received $11,000 and I got the remainder. That wasn't enough so I opened a Equity line (2nd mortgage) for $10,000 and she got hold of the checks and without my knowledge ran up $10,000 and made the minimun payment for the duration of the marriage until 08/00. The Equity line was in my name only and she forged my name to the checks and hid this from me paying the minimun each month. Is there any way to recover anything here. Also at the marriage when we cashed out the $ out of the home she was put on the deed of trust, but the deed is in my name only since I bought it in 1995. Also at the time of marriage she was put on my bank account and I was put on hers (this was the one that the Equity line $ was deposited into. Watch out for cons!!

Eric

 

[dman]

N.C. state

State is N. Carolina

 

[Roscoe]

Forgery

Forgery is a felony. Very simple.

 

[dman]

Forgery...

I got with the local sheriff and all they say is that it is a civil matter. You were married and she had access to the mailbox. Then he called her at her work and she said that I said it was OK to do this. He wiped his hands of it. Then I went to the bank and they told me basically the same thing. That I was responsible for the account and that they send the statements to the home and that this is all they are required to do. Also the forged checks were deposited into a joint account with her name and mine on it. They are saying that I could have accessed this money. I never touched that account. Never put money in it or took any out.

What do you think,

dman

 

[Roscoe]

Burden of proof

Unfortunately, the burden of proof is on you. You must prove she forged those checks. Bypass your sheriff and go the to District Attorney's office. Again, call a legal service office in your area and tell them you "stuff". They may be able to help you without cost to you. If all else fails, tell her you are pursuing forgery charges. It may scare her; it may not.

Access to mailbox -- BS! Opening someone else's mail (regardless of whether it is your spouse or not) is also a felony. PS: change banks while your at it and raise all sorts of hell with them.......

I am not an attorney, nor am I employed in the legal field. But I wanted to be one......!!!!!