This is a post for my friend, kattie. Kattie and her husband Eric bought a hosue in NYS. Eric filed a lawsuit for divorce but Kattie did not agree. Kattie won the lawsuit. After he lost the lawsuit, Eric took out a big sum of money from home equity loan without the signature of Kattie and disappeared and left Kattie with two kids. Now Kattie is in financial trouble and the bank started the procedure of foreclosure. Kattie is seeking advise to get out of the trouble. If Kattie sell the house, should she pay back the home equity loan?

Well not enough information to really be able to answer because when she contested the divorce, they were still married, but were there any interim separation orders that dealt with things like home residency, support,who paid for what, etc.... If he was ordered to pay for the home payments and support, then that would be his responsibility. At this point, it soudns like Katie should proceed with divorce but she really needs to consult a good local divorce attorney to discuss this matter and the divorce itself because this issue is part of the divorce. And she should not have to refile unless the previous case was dismissed; she may be able to reopen the old case based on his abandonment. The whole home ownership thing is not something I can answer because it is not known how the home was owned- in both names or one person's name, and if the mortgage was in just his name or both of their names. Usually spouses are entitled to their half but nto enough known about if this was separate debt or marital debt. It can get a little complicated.

Title is both Eric and Kattie, Eric is the borrower for the first Mortgage becasue Kattie does not have a job. The probelm is that Eric took a home equity loan from the same bank without the signature of Kattie. Now Eric disapeared and Kattie has no way to find him. Is it leagal that the bank give Eric the home equity loan without Kattie's signature? In my opinion, the home equity loan is against the house, it belongs to both Eric and Kattie. Both of them should sign the document. Should Kattie sue the bank for giving Eric the home equity loan without her signature?
Waiting for any advise, Thanks

Dear,

The same thing is happending to me. my ex husband got a home equity line on my house AFTER the divorce and After the judge says the house belongs to me. He got a loan with washington Mutual without my authorization. Both names are in the DEED. I don't know how could have possibly done this. Any ideas?

Please start you own thread. This one is 2 years old.

Tger hasn't been here since 4-26-06 and elklaw hasn't been here since 8-06.