Can I sue a loan company for processing a loan without my consent as a joint tenant?

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Can I sue a loan company for processing a loan without my consent as a joint tenant?

I’m a joint tenant and the other tenant took out a loan without my consent. He has since passed and I can not pay the mortgage he took out. The loan company refuses to give me any info about the loan and they will not even talk to me. They are trying to process a foreclosure on my home now. Can I sue this company for processing a loan without my consent as a joint tenant? Is there any way to avoid losing my home?

Asked on July 22, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you cannot obtain the information and documentation voluntarily from the lending institution who made the loan secured by the property you have an interest in, go to the county recorder's office and get a copy of the mortgage and and notices of defaults recorded on the property.

Potentially, only the deceased joint tenant's interests in the property were the security for the loan, not your interests. You need to be concerned if your presumed signature on any mortgage recorded on the property is not yours, meaning forged.

Most lenders require that all owners of record for property to be secured for a loan must sign off on a loand and any recorded mortgage on the secured property. I find it strange that the house was security for a loan where you were on title at the time the loan was secured, but did not sign any mortgage.

Consulting with a good real estate attorney would be a good idea now that the home is in foreclosure.

 


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