What to do if my father went to a bank and got a home equity loan without my mothers knowledge and/or signature?

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What to do if my father went to a bank and got a home equity loan without my mothers knowledge and/or signature?

They own a home and both names are on the deed to the house which they have on file at home. My dad had passed away last month. A local lawyer said that my mom is not responsible for the loan as it was a loan just in my dad’s name and no lien is against the property as both owners listed on the deed didn’t sign. The loan company is calling and sayin that my mom is responsible as she is living in the home and if she is not paying the home will be go into foreclosure.

Asked on January 24, 2013 under Real Estate Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your mom needs to get the agency who regulates this lender to handle this matter. Deeds and mortgages are two separate matters. I am not sure what you mean by as both owners on the deed didn't sign.  If the state in which the property is located is a homestead state, the lender would have needed your mom to sign a disclaimer/waiver of her homestead rights.  If she didn't sign or your father forged that signature somehow at closing (not sure how), then the loan is fraudulent but really the recourse cannot be against your mother, especially if the lender was to verify her signature with a notary present.


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