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Old 02-26-2008, 01:41 PM
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Join Date: Feb 2008
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Default Can one partner takes out home equaty loan or

second mortgage without the other partner's singniture? if husband and wife own the house together, can one of them(without the other knows) borrow $ from bank to get equaty or seond mortgage on that house? what happens if the second mortgage couldn't be meet and be forceclosure? Will the other perosn resposible for the laon he/she even not knowing? the house is around $800,000. first mortgage is 200,000. second is 400,000.
In fact the husband got the loan few months ago. Should I sue husband or the lender?
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Old 02-26-2008, 04:05 PM
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Default Husband created mortgage fraud

Did your husband sign your name? There is a possibility the title company can get sued and you can file a claim. It all depends on what state you live.
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Old 02-26-2008, 05:08 PM
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If I understand what you are asking, if your husband is not on the loan with you or vice versa, then yes, one can take out a loan without the other. However, if your second delinquent. The first mortgage will know and they will step in, because of course, they are the first. You need to talk with your second mortgage company, they do have options available to you.
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