What actions can I take against an ex who has obtained a loan modification on a loan he was supposed to refinance in order to remove my name?

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What actions can I take against an ex who has obtained a loan modification on a loan he was supposed to refinance in order to remove my name?

My ex failed to refinance and remove my name from the mortgage. In a contempt hearing she was ordered to remove my name from the mortgage debt through a short sale. In the mean time, she has entered into a loan modification with my name still on the mortgage as an obligor. I have signed a quit claim deed. In addition, she represented the rental property as her primary residence. What actions should I take? Do I have a claim of identity theft against her, as she filed for this loan without my or the court’s approval? Do I have a case against the lender for helping her in identity theft?

Asked on March 26, 2012 under Real Estate Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your "ex" has failed to comply woth a court order concerning a piece of real estate that was at one point in your name but you are still obligated on the loan, you should consult with a real estate attorney with respect to your options.

If your "ex" could have refinanced the property that you were obligated upon, then she really does not have much of an excuse for what she has done and not done. One problem is that possibly there might not be enough equity in the property for her to get it refinanced so that you are no longer obligated on the loan.


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