Legal Question in Real Estate Law in New Hampshire

Ex refinanced mortgage and fudged figures for his gain

I am legally divorced from husband. My name remains on the deed to our marital home but not on new mortgage. I would receive half of equity on house when sold which has been on the market. He asked to refinance our marital home for a fixed rate and the closing costs were $22,000. The obvious is he received money although no line item reviewed by lawyer indicated he received any money. The mortgage company must have fudged the figures to make it look legit so they must have some part in this as well. I want to file something but as soon as the ink was dry on paperwork and too late for me to change he informed me that he was foreclosing on the house. He basically has taken all the equity on the house with refinancing before he forecloses so I will never see a penny if it goes to court. My only option is to ask the judge to revisit the settlement and ask that he pay all of the 12.000 in taxes owed on tax penalties when he took out all his retirement. That is another story. What should I file in court for a motion?


Asked on 1/03/09, 6:38 pm

1 Answer from Attorneys

Re: Ex refinanced mortgage and fudged figures for his gain

Without knowing more, this would appear to be a fraudlent transaction. $22,000 in closing costs is unheard of. There is something totally wrong here. You should file a Motion seeking a Modification of the Settlement. However, you should contact an attorney and go over everything.

Good Luck.

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Answered on 1/03/09, 7:09 pm


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