Legal Question in Family Law in South Carolina
Divorce
Recently my husband was arrested for having a meth lab in his shop on our property and possession.
He has since then been released on bond and has moved in with friends. Yesturday a note was left on my door that was hand written but notorized, informing me of a loan given to him from this friend he is living with saying that our land is collateral on that loan and that it is due in 90 days. I know this friend did not lend him money.
Can he just say he did because the two of them talked about doing this before his arrest as a way of getting me to leave the property?
3 Answers from Attorneys
Re: Divorce
He can try such a move, but unless he has pretty compelling proof, it is far from certain that he will succeed. Further, I believe that his credibility will be questionable at best based on his criminal issues.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
Re: Divorce
Usually the only way a loan can be enforced against property is with a mortgage signed by the landowner giving the lender the right to enforce the loan against the property. A notarized document signed by the lender is not sufficient. The mortgage has to be signed by the landowner and it has to refer to the terms of the loan or the note agreement. You can still have a loan that is not a mortgage, but it would just be a personal loan that is unsecured by land as collateral.
Re: Divorce
Usually the only way a loan can be enforced against property is with a mortgage signed by the landowner giving the lender the right to enforce the loan against the property. A notarized document signed by the lender is not sufficient. The mortgage has to be signed by the landowner and it has to refer to the terms of the loan or the note agreement. You can still have a loan that is not a mortgage, but it would just be a personal loan that is unsecured by land as collateral.
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.
