Legal Question in Real Estate Law in Arizona
Committing fraud when refinancing and selling a home
Unbeknownst to me, my husband refinanced the home he had prior to our marriage as an ''unmarried man'' after we had been married for several weeks. I had just sold my home,and relocated to AZ.
Since I was the one to make the move and relocate I was the one to have to dispose of my belongings, along with selling my home. We joined all of our money, and he stated that he was adding my name to the Deed,as joint tenant with right of survivorship. He said that this was his gift to me. We both worked for the bank that did the Refi, the bank has a policy is that if married, your spouse must be present to sign whether they are going to be on the deed or not.My husband was very aware of the policy, he was a loan originator for the bank fgor 10 years before being promoted as a manager, therefore he was aware that he was committing fraud.
After less than 3 months of marriage, suffering from an addiction to gambling, and becoming abusive he wanted a divorce.
We are still legally married, he sold the home again as an ''unmarried man'', the home went up in value about $200,000 in from the time he refinanced it and sold it.
He has left my son and I homeless and basically destitute. What legal recourse if any do I have?
2 Answers from Attorneys
Re: Committing fraud when refinancing and selling a home
From your question I do not know which state you live in. My response will be based on Arizona law.
Your husband may have committed crimes, you need to file for divorce immediately, and may have a civil lawsuit for fraud, damages, including punitive damages, and the lost equity in your home. The fact that yuo were married and he signed papers as an "unmarried man" establishes the fraud, but it may also be a crime for the false statements to the lender. His license, if he has one, also needs to be challenged, from what you have told us. See an aggresive divorce attorney immediately. Do not delay. Gather all the appropriate documents from the loan company or the title records from your county recorder's office.
We do not handle this type of case in our office so we can't help you. If you are having difficulty finding a divorce attorney, you may call us for a referral, we are in Mesa, Arizona. There is no charge for the call.
Sorry for your situation. I wish you success and the best of luck.
Sincerely,
James Jenkins
Re: Committing fraud when refinancing and selling a home
It is not clear at all whether or not any fraud or other crime has been committed. Your husband refinanced the house before you were married, and therefore, you were not in title nor were you a borrower. A promise to make a gift is not enforceable, so his failure to put you in title after the marriage is not fraud either. When you and he commingled your "money" raises mutual duties of honesty and care, and the jointly owned property will be the subject of your divorce action. Because you were married only a few months, you need to take quick action to protect your interests, but it seems to me that you will have no claim for equity in the home. You have a claim for support and the court may use its discretion in the your favor when presented with the facts as you describe them.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
