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donaldkclark
03-19-2008, 07:37 PM
THIS IS NO JOKE!!!! I AM DESPERATELY SEEKING ADVICE!!! I was ignorant when I signed a deed/mortgage to a home my husband said we just purchased in which I had no knowledge of. (In the meantime: after a month he moved us into a third floor room, where it was just my son and I. He didn't come home until wee hours of the morning. The first floor we were to move into was unliveable, needed cleaned, gutted and reconstructed. I soon found that he was blatantly dating a woman when he purchased the home and later found out by her, that he only married me for a green card. We stayed in the room for 3 months. He then wanted me to approve of the woman to refinance the home into her name for a "3%" mortgage rate. I did not. Mortgage was paid for 3 more months while he still collected rent monies for himself and went on trips with the woman. He has since stopped paying on the morgage and moved out. The house is in foreclosure. I can't afford to pick up the mortgage. I found my name isn't on the mortgage to communicate the ongoings with the bank. My husband has since said he is filing for bankruptsy and that I should come to his friend (who is the real estate guy) to sign over the papers so that I will not be financially responsible. He has also said my son and I would be evicted by the end of month. I was told in secret that he and the other woman is somehow making purchase, I would assume it to be in her name. I have no monies for an attorney and legal assistance will not take my case. After marrying in PA, my hometown, we moved to NY, his town. I haven't much family, and I feel so ashamed that anything like this could happen to me. I am exhausted to near death over this scam. I had some monies saved and good credit before I met him, now everything's drained. The bankruptsy will be on my head. I will have nothing to build on for my son. I feel no one believes my story, so cheated and helpless that I am unable to defend myself. ANY advice?

The painful true matter is I trusted my husband and his friend and signed the documents blindly. I signed pages of what appear to be a "Uniform Residential Loan Application" several other documents are included. The first few pages may be the key? My husband's name is referenced as the borrower. The title was to be held in his name as a "single man", fee simple. It states that he is married. However, on several of the other pages I am listed as the co-borrower. Someone questioned a clause referenced under a few of my signatures, “Signing for the purpose of waiving any and all Homestead Rights and/or any and all dower or curtesy rights”. I don't know whether I signed a copy of the deed.

In any event, I followed a source, and printed city register documents from the internet. Our names are referenced as the borrowers of both mortgages (my signature is located on the second pages). The deed, I see my husband's name typed and mine inserted in hand sporadically. My husband also signed over my signature. My husband was to be filing bankrupt. He said there is no need in selling we wouldn’t get what we paid for it. Can I post a sale sign on my window to try and sale the place myself? I was told a common clause was a result if we failed to meet the mortgage. Is it a common clause? Could my husband's friend, the realtor, committing fraud?

swirlgirl
03-19-2008, 08:01 PM
I don't understand your question. You said "I found my name isn't on the mortgage to communicate the ongoings with the bank." If your name isn't on the mortgage, what exactly did you sign? Is your name on the mortgage, but not on the deed? Vice-versa?

Have you pulled your credit report? You should pull all 3 of your free credit reports at https://www.annualcreditreport.com/cra/index.jsp. to see what is showing on your CR. Also, you said that your husband wants you to sign papers to release your financial responsibility towards the house. Do you not want to do this? What kind of agreement will it be? Have you spoken to the lender about any of this?

I guess I don't understand what is your main concern. It seems your husband is giving you an "out" on the house and the mortgage. Since the house is in foreclosure, neither of you will be able to stay in the house.

jq26
03-20-2008, 11:58 AM
The bankruptcy is his, not yours. And if the mortgage is not in your name, then you have no liability. Is your name just on the deed but not the mortgage?

debtmamma
03-20-2008, 07:24 PM
Do you have a place to stay if you have to leave the house, like any family or friends in PA that will give you a couch or a room? If no would try to get on the wait list for projects, section 8, find out if there are homes for women through a crisis pregnancy center in your area. If you have no savings I would try to focus on finding shelter when you do you have to leave.

Also legal assistance would not help with the mortgage but I would go back and for for help with filing a petition to have custody of your son.

donaldkclark
03-25-2008, 06:53 PM
The bankruptcy is his, not yours. And if the mortgage is not in your name, then you have no liability. Is your name just on the deed but not the mortgage?


The painful true matter is I trusted my husband and his friend and signed the documents blindly. I signed pages of what appear to be a "Uniform Residential Loan Application" several other documents are included. The first few pages may be the key? My husband's name is referenced as the borrower. The title was to be held in his name as a "single man", fee simple. It states that he is married. However, on several of the other pages I am listed as the co-borrower. Someone questioned a clause referenced under a few of my signatures, “Signing for the purpose of waiving any and all Homestead Rights and/or any and all dower or curtesy rights”. I don't know whether I signed a copy of the deed.

In any event, I followed a source, and printed city register documents from the internet. Our names are referenced as the borrowers of both mortgages (my signature is located on the second pages). The deed, I see my husband's name typed and mine inserted in hand sporadically. My husband also signed over my signature. My husband was to be filing bankrupt. He said there is no need in selling we wouldn’t get what we paid for it. Can I post a sale sign on my window to try and sale the place myself? I was told a common clause was a result if we failed to meet the mortgage. Is it a common clause? Could my husband's friend, the realtor, committing fraud.

oompaloompa
03-25-2008, 08:32 PM
You need to contact your state's department of real estate. You need to speak to someone there in the fraud division, and you need to do it right away.