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UPDATE: I am being sued for a foreclosure on a home I never owned

Posted by Anonymous   + Show Post
UPDATE: we spoke with an attorney. Basically, i have no responsibility in the payments and cannot be held liable. They also looked at the power of attorney and realized it was fraudulent and misused. We will have to hire an attornwy in Florida to get representation for this.

Thank you all!



First, l start with the fact that I have a legal appt this afternoon. But I do not know what questions to ask.

My husband signed as a consigner to his parents several years ago, before we were ever married. Apparently, his parents have defaulted, but didnt tell my husband. Well, yesterday, someone rang the doorbell and served both my husband and I. We are both named as defendants, along with his parents. Can they sue me since it was before we were married? I just don't know what to ask as I have never been through anything like this.

Any friendly advice is appreciated!
Posted by Anonymous on Apr. 24, 2014 at 7:41 AM
Replies (41-50):
Anonymous
by Anonymous 1 - Original Poster on Apr. 24, 2014 at 9:33 AM
Hmmm...I will try to answer as best as I can.

1. He should not have consigned. They live beyond their means and dont have the invome to support it. I guess he had better credit or good credit? And he definately had/has better income than they do.

2. Being in the military and deployed then, he left a power of attorney, in 2008. I dont think he got anything from signing with them....just helping out his parents. Like I said, he was younger and not as informed as he should have been. His fault.

3. I only got copies of the mortgage documents not POS so I do not know.

4. He has one from 2008. Now, they amended the documents in 2012 and he said they didnt have a POA then. So they could have forged it that time.

Hope this answers some questions better.

Quoting Anonymous:

 There are so many things that don't add up.....


1. Why would a 20 something be co-signing on a house for his parents? And how? Credit history and/or income would become an issue.


2. Why would said individual sign over a Power of Atty to his parents at his age? This is counterintuitive.  What the hell would he get out of co-signing on a loan for his parents AND allowing them to make legal and financial decisions FOR him?


3. Does the bank/mortgage holder have a copy of the Power of Atty? I believe that LEGALLY, they must retain a copy along with the mortgage documents. (just as any medical facility would need to keep a copy of a Medical Power of Atty on file)


4. Does your husband have a copy of said Power of Atty documents? Does he remember signing one? Cause that would be something HUGE to remember... If not, is he currently on speaking terms with his parents to where he could ask them for a copy of it, and the original morgage docs?


Things are just not adding up.... Is it possible that his parents signed his name fraudulently and are now trying to claim he signed a Power of Atty to cover their asses? Not trying to offend.... Just unsure of his relationship with his parents, etc.


Good luck and please keep us posted! You have me very curious now! 

mommyof11050307
by Platinum Member on Apr. 24, 2014 at 9:36 AM

So his parents forged his signature or the documents? If that's the case then he can sue for them and the mortgage company for falsified documents. They have to have a copy of the power of attorney before they do anything to get a mortgage. If they dontt have it the mortgage company is screwed. 

Quoting Anonymous: They didnt tell him. In fact, the signature on the documents are not even his. His parents are claiming he gave them a power of attorney to sign for him. He was in his 20s then and probably didnt know what he was getting into.
Quoting Anonymous: You need to ask specifically about protecting your own credit etc. since you had ZERO knowledge of the debt. How old are his parents? They didn't tell him?


Anonymous
by Anonymous 17 on Apr. 24, 2014 at 9:39 AM

can you please provide a link to a reputable or state-run site that shows this is incorrect advice?  because it's not.  even the IRS cannot take from a couple the portion of the return that belongs to a spouse not involved in the action.  if the debt was incurred prior to marriage, you file an innocent spouse form with your taxes and they can only attach those that are from his wages.

and the same is true for property, at least in my state.  while my name is on the deed, it is not on the loan.  so they can come after dh for the loan, but not me.  even though the loan was incurred after the date of marriage.  I signed no loan documents, I cannot be held financially responsible for a debt I didn't personally incur.

so before you start spewing your nonsense, please make sure that what you're telling someone is wrong is, indeed, wrong.

Quoting Anonymous: That's not true. Quit giving incorrect advice!
Quoting Anonymous: In no state is it legal for them to sur you since the debt occurred prior to your marriage. What state are you in and I can pull up the laws. Take them with you to the lawyers office and have him/her communicate with the bank. If they push it threaten to report them to the FTC and any other government or consumer agency you can.


ktwister
by Silver Member on Apr. 24, 2014 at 9:42 AM

Even if you lived in a community property, prior debt does not become a joint debt after marriage.  If there was a refinance or loan modification during the marriage, you could run into an issue.



Anonymous
by Anonymous 12 on Apr. 24, 2014 at 9:56 AM

Are you both in the Military, and not Military Contractors? If you are "Government Issued" Military, look into speaking with JAG... They are a Military group of Attorneys. This sounds like it could be JAG elligible. 

I believe POA's can expire. Which it sounds like this could have occured. If this is the case, you need to find out when the original POA was set to expire. Then you will be able to skip forward to 2012...... and then you would have your answer about the rest....

I hope this helps! And know that I truly feel for you!

Quoting Anonymous: Hmmm...I will try to answer as best as I can. 1. He should not have consigned. They live beyond their means and dont have the invome to support it. I guess he had better credit or good credit? And he definately had/has better income than they do. 2. Being in the military and deployed then, he left a power of attorney, in 2008. I dont think he got anything from signing with them....just helping out his parents. Like I said, he was younger and not as informed as he should have been. His fault. 3. I only got copies of the mortgage documents not POS so I do not know. 4. He has one from 2008. Now, they amended the documents in 2012 and he said they didnt have a POA then. So they could have forged it that time. Hope this answers some questions better.
Quoting Anonymous:

 There are so many things that don't add up.....

1. Why would a 20 something be co-signing on a house for his parents? And how? Credit history and/or income would become an issue.

2. Why would said individual sign over a Power of Atty to his parents at his age? This is counterintuitive.  What the hell would he get out of co-signing on a loan for his parents AND allowing them to make legal and financial decisions FOR him?

3. Does the bank/mortgage holder have a copy of the Power of Atty? I believe that LEGALLY, they must retain a copy along with the mortgage documents. (just as any medical facility would need to keep a copy of a Medical Power of Atty on file)

4. Does your husband have a copy of said Power of Atty documents? Does he remember signing one? Cause that would be something HUGE to remember... If not, is he currently on speaking terms with his parents to where he could ask them for a copy of it, and the original morgage docs?

Things are just not adding up.... Is it possible that his parents signed his name fraudulently and are now trying to claim he signed a Power of Atty to cover their asses? Not trying to offend.... Just unsure of his relationship with his parents, etc.

Good luck and please keep us posted! You have me very curious now! 

 

Anonymous
by Anonymous 18 on Apr. 24, 2014 at 9:59 AM

I've always been told if you didn't sign for anything, you can't be held liable.  I don't know for sure though, it'll be interesting to hear what you find out! 

randi1978
by Murdoc's Mistress on Apr. 24, 2014 at 10:02 AM

You should be okay, but check with a lawyer about having your name removed from the documents and possibly have your husband look into that POA just to make sure his signature wasn't forged after the initial POA in 2008.

Marrying him does not mean the debt is yours now.  If it happened prior to the marriage, they can't touch you.  But if he loses, it can hurt you by extension since you're married to him currently.

It's only debts acquired during the marriage itself.  And even then, it can be a grey area, especially if one spouse was unaware of the debt.  If a spouse can prove they have no knowledge of the debt and their signature is not on any documents, they really cannot be held equally liable as the spouse who signed for the debt. 

My state is community property and I have been contacted by collectors for my ex husband.  One did try to say it was my debt too since I had married him.  He acquired the debt in 1998.  We married in 2001.  Nope.  And I have had some contact me over debts he had acquired shortly before our divorce finalized.  We were living in two different states and had been separated almost 2 yrs.  Still not my debt.  I bluffed the collector to take me to court and prove it.  Never heard from them after that.  No judgment against me (credit report does not reflect anything beyond what I did as a stupid kid).

bekkage
by Member on Apr. 24, 2014 at 10:26 AM

Are you listed as a Defendant or an Party-In-Interest.  I could see the bank serving you as a Party-In-Interest if the property can be considered marital property.

I would check the deed.  I doubt your husband is only a co-signor on the mortgage.  His parents most likely had to sign over a part of the property to him as part of the transaction.

othermom
by Ruby Member on Apr. 24, 2014 at 10:39 AM

I have no clue, but good luck

momof2girls220
by on Apr. 24, 2014 at 10:40 AM
She isn't responsible for debt he had before they married.

Quoting Anonymous: Yes they can, it became a joint debt when you married him.
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