Legal Question in Real Estate Law in California

Real Estate Partition and Mortgage Fraud
A complicated situation: Two years ago, I purchased a property with my fiance in anticipation of marriage the following year. We had no agreement re: the house but are joint tenants. We applied for a loan over the phone and received 100% financing (80/20)from a major mortgage lender. 4 months later, my fiance turned into a violent abuser. I offered to buy him out/ be bought out /sell the property but my ex refused to do any of these & filed a quiet title and partition action in court because he has more ''right'' to the house. The wrinkle: our original loan was fraud. The loan officer created an applicant using my ex's name that made over $22,000 a month to get our loan, but I never saw this application. The officer was fired for fraud.
Although I signed all of the original loan docs my name ''disappeared'' off of most of the documents. I am on title, the 1st deed of trust and the ARM rider as a borrower, but not on either note. The bank tried to foreclose on the house because my ex stopped making payments (after he was ousted due to a restraining order). They refused my payments 2 save the house because I am not a borrower. I paid over 2,000 each month 2 the bank, believing i was on the loans.

Do I have grounds to sue?

Asked on 6/25/08, 2:23 pm

Mitchell Roth MW Roth, Professional Law Corporation

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Re: Real Estate Partition and Mortgage Fraud

If you are not on the note and you have not signed the note you don't owe anything.

Answered on 6/28/08, 5:23 pm

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