Legal Question in Family Law in Texas
unable to locate spouse
my dad is married to a woman, who fraudulently put him into debt, took a fraudulent loan on his home, and stole approximately $250,000 from him, by opening fraudulent bank accounts and transferring money and kiting.
When--name removed--learned what had happened, --name removed--put her out of the house and filed for bankruptcy. at this time--name removed--is trying to sell his home to pay off the loan that was taken on the home. --name removed--cannot find his wife, and has no idea where she might be. The realtor suggested to him that--name removed--may not be able to finalize a sale of the home without her signature. The home was purchased and paid in full before the marriage, but--name removed--took a second mortgage to pay off her credit card debt that--name removed--knew nothing about. at some point she took out a fraudulent loan for additional monies, even though her name is not on the deed of ownership. The bank that granted the additonal loan, will not provide information that is needed to prosecute for fraud.
my question is, if we cannot locate her to get her to waive her rights to proceeds from the sale, or even to sign the final closing papers, how can--name removed--sell his home? --name removed
1 Answer from Attorneys
Re: unable to locate spouse
This was bank fraud. It was a federal offense, and he needs to file criminal charges. Additionally, he needs to sue her. She will be served by posting, and he will take a judgment that will clear title to the house. Also by establishing the fraud, he may be off the hook for the debts. Depends upon the exact circumstances.
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