Legal Question in Civil Litigation in Iowa
Bank Incompinent
In 2007 my husband now x started gambling using credit cards transferring money to his checking account. After he used up all of the credit available on his cards he started taking out cards in my name by fraud. The card companies did not even verify. He also took out a loan with a bank using the house for line of credit. He asked to remove the paperwork from the bank and have me sign, he then forged my name and returned the contracts to the bank. The bank made the loan and put a lien on the house, my x is not even on the loan of the mortgage, the bank did not noterize my signature, I have never stepped foot in the bank. They also allowed a credit card with out verifying the card. They are now threatening to forclose on the house. Do I grounds to sue the bank.
1 Answer from Attorneys
Re: Bank Incompinent
I'm sorry to hear about your troubles. This is a very complicated problem and one that involves banking laws, the divorce suit, credit laws and maybe even civil tort law. The simple answer is that you need a lawyer to review the divorce action and the credit transactions that took place with the bank. Save all your financial records and talk to no one until you've had an opportunity for a lawyer to review this entirely. You probably need to report this as potential crime to the county attorney. If it is a crime you may be entitled to compensation with the Iowa Attorney General's office victim's reparations fund. Spousal deceit in Iowa can void the marital decree since fraud within the divorce action will not be allowed by the Courts. If your former husband practiced fraud in the divorce action you can have the Court set the divorce decree aside. There is a case in California where the wife, who won the lottery, hid that from everyone in the divorce case. Following the divorce the former husband discovered it and refiled the action. The California courts not only set aside the divorce decree but she lost the right to receive the entire lottery winnings. The husband received it all. What a mess. You need to see a lawyer. As a married person you have certain dower rights to the real property and equity in it. Loans that were taken out in your name but not with your consent/signature may violate banking laws. Of course bank loan officers are very willing to create HELOC loans because they get equity they can't get, unless you give it to them. So I have to wonder if the loan officer committed fraud? Did he know you had not signed the documents? You've got so many potential causes of action it's mind boggling. Look me up and send me an email because I would love to blawg about this on Injuryboard. Remember personal injury is also financial or property damages. Steve Lombardi
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