Here's the shortest version: My sister got divorced from her loser husband. A judgment was made in the divorce that once the youngest child turns 18 she must give my ex brother in law $20k roughly for the house they lived in together. She still lives in the house and her youngest won't be 18 for another year. Over the summer, my sister took out a home equity loan, my ex brother in law ran her (my sisters) credit report, found out she took out this home equity loan and wants his money now. Remember, their has already been a judgment in the courts that said he gets it when the youngest turns 18. There is still roughly 50k equity in the property and he is only entitled to 20k. Obviously, my sister is upset thinking she will lose the house or have to pay him now instead of when the judge ordered. Any answers would be greatly appreciated. BTW , she lives in Michigan. He has an attorney. (He doesn't have a job, but he has an attorney!) Can he sue and what are the chances he'll win?
2007-12-14 16:06:23 · 6 answers · asked by gregwhatshisname 2 in Politics & Government ➔ Law & Ethics
* Judgment was less than a year ago and the equity in the property has not changed much.
2007-12-14 16:45:33 · update #1
The mortgage is in her name only. Always has been in her name, even before the divorce. Did I mention he was a deadbeat?
2007-12-15 09:37:47 · update #2
How could your ex brother-in-law run your sister's credit? It is felony with stiff fines and up to years in prison to run a credit report under false pretenses. He could only have done this legally if the mortgage was still in both names and showed up on his credit report. If it is still in both their names, she should not have been able to get a home equity loan on the house in her name only. A divorce decree does not negate the original mortgage contract, he could still be responsible for paying off the mortgage.
One of them must have committed some type of fraud.
2007-12-14 17:20:48 · answer #1 · answered by Ti 7 · 0⤊ 0⤋
In the "shortest version", usually a few important facts are left out.
Your sister's divorce order is probably not as cut and dried as you state here. Her ex probably was ordered to wait for his money on the assumption that there was little or no equity at the time and that it would be a hardship for her to buy out his interest. But circumstances seem to have changed.
He may have a pretty good case here. Your sister should get a lawyer.
2007-12-15 00:17:37 · answer #2 · answered by raichasays 7 · 1⤊ 0⤋
He can sue, but he won't prevail. He's seeking to overturn a divorce decree purely on the basis that your sister took out a loan. That's not going to get him anywhere.
Further, the fool's attorney should realize that his client ran an unauthorized credit file report on your sister. Does he REALLY want his client exposed to action under the Fair Credit Reporting Act ?
2007-12-15 00:11:34 · answer #3 · answered by acermill 7 · 1⤊ 0⤋
What kind of father is this guy. You'd think he'd be giving the child 20k? Firstly, your nephew isn't 18 yet, and the judge made that order whether your sister has money now or not. Meanwhile, your sister's ex shouldn't be running credit reports on your sister without her authorisation. I say tell him to sod off because he hasn't a leg to stand on.
2007-12-15 00:27:52 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Actually, it would more of go around the other way. He ran her credit report? Thats Jail time and civil liability...willfull...$1000 statutory, damages, plus attorney fees. Sue Him
Federal District Court.
Read the Fair Credit Reporting Act.
2007-12-17 02:12:21 · answer #5 · answered by Greg M 3 · 0⤊ 0⤋
You can *always* be sued - the question is whether the suit will prevail.
2007-12-15 00:22:42 · answer #6 · answered by dukefenton 7 · 0⤊ 1⤋