Legal Question in Family Law in Ohio

Home Equity Scam

We are going through a divorce. My husband refinanced our home and the loan is in his name only. I thought about buying him out and had both corporate attorneys looked into our mortgage and a friend ran our information through a national database where the loan is held and both could not find anything. If his name is on the loan only, is it possible he could have refinanced again with out my signature or knowledge? The first time he refinanced, he did it at a higher amount, he took and used the money without my knowledge. Even our county rercorders office does not have information on the new mortgage holder. Please help.


Asked on 5/07/07, 8:18 pm

2 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: Home Equity Scam

Your divorce attorney should be able to confirm that the mortgage is legit. The documents would have to be recorded in the County Recorder's office and your attorney should be able to contact the mortgage holder using that information.

It is very common for mortgages to be sold over and over again. The original holder of the mortgage may not even exist anymore but the current owner should be traceable.

I assume you have an attorney for your divorce and you should ask him for any information that you feel you need. If you do not have an attorney feel free to call. I am not sure I can tell you much else but I will do what I can to answer your questions.

Good Luck!

DHD

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Answered on 5/08/07, 9:58 am
Edward DiCato Edward DiCato Attorney at Law

Re: Home Equity Scam

I never heard of a mortgage that wasn't recorded. If you are in the middle of a divorce, your attorney should be able to get more information through discovery. If you don't have an attorney, you need one.

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Answered on 5/07/07, 11:03 pm


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