2006-12-18 11:03:10 · 11 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I think the real answer cannot be determined here because you have not given enough information. I assume you mean ex-spouse, but you don't mention the terms of the divorce (or whether you are even divorced yet, just separated), whether there was a court ordered division of assets, i.e. a court order giving ownership of the home to your ex, etc.Even a separation agreement, in some states, can be enough to pre-empt your ownership interest, thereby removing the need for you to sign a quit claim deed.
If you truly had ownership, and it was reflected in the land records, then there is plenty of blame to go around, including the agent (if any) that listed the house, the closing attorney, the title insurance company, the buyer, the buyer's agent, your ex, etc.
Contact an real estate attorney.
2006-12-18 12:56:31 · answer #1 · answered by triad_historic_homes 2 · 0⤊ 0⤋
Assuming you were on title. Ex probably forged a quit claim then sold the property or he sold the property to another person who didn't need to get a loan.
Talk to a real estate lawyer at this point. If forgery was involved, you have to sue the notary and your ex. If no forgery is involved, then you need to see what recourse you have in your state. For example in California, you have up to a year to rescind the contract and sue for damages.
Regards
2006-12-18 11:11:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I've heard of things like this happening where one spouse had a stand-in for the other. The fake spouse signed all the papers like real and that was it. It was just plain fraud, no two ways about it.
However, you may be able to (1) have the sale nullified, or (2) file charges of fraud and demand your share of the proceeds.
2006-12-18 11:07:14 · answer #3 · answered by Kokopelli 7 · 0⤊ 0⤋
It's possible that when you bought the house, your ex signed it all to themselves, without your name on the deed. They could have made it a prenuptial agreement, without you agreeing to anything. If it was partially your's, you should contact a lawyer, because that's illegal, and you could sue.
2006-12-18 11:13:22 · answer #4 · answered by nightrambling 3 · 0⤊ 0⤋
You say x husband, and separation agreement. That sounds like 2 different items to me. I expect whatever is stipulated in the DIVORCE DECREE is what stands. If it still seems unclear, perhaps you need an attny to confirm what is actually required. The purpose of the QCD is that the home is YOUR complete responsibility. Has nothing to do with him or selling it.
2016-03-28 23:33:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It is not your problem. It is the buyer's problem. You still have equity in the property. Head on over to your friendly lawyer. For a cut, the lawyer will be more than happy to represent your interests.
2006-12-18 11:08:17 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That's okay...You still have your house...A quit claim deed allows him to sell his interest if any...Since he has none, he just committed fraud upon the buyer but you should still own your house.
2006-12-18 11:06:13 · answer #7 · answered by feanor 7 · 0⤊ 0⤋
uh, illegally. I worked for a mortgage broker in CA, this is not legal. Also, considering the fact he went through a shistee co, umm ESCROW shouldn't have let this go through. You have a serious case.
2006-12-18 11:05:24 · answer #8 · answered by Anonymous · 0⤊ 0⤋
leagaly it can't happen. If the people who bought it got a title search on it, the people who did the search are>in big trouble.
2006-12-18 11:09:08 · answer #9 · answered by Leroy 4 · 0⤊ 0⤋
You might want to check into that I don't think it is possible. Someone did this to my mother only it was her truck. They forged my mothers name and did not tell anyone that they had.
2006-12-18 11:11:05 · answer #10 · answered by Jorge's Wife 4 · 0⤊ 0⤋