Lena, IL asked in Divorce and Real Estate Law for Illinois

Q: I refinanced my home to get my ex-husband name off the loan. Because if i did he would take his name off the deed.

this was in divorce. bank refinance it in both names without my knowledge and without his signature. It this legal if so should i sue them or should it be my husband.

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1 Lawyer Answer
J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: This is a horrible error, and I cannot understand how it could have happened. It seems that there must be something that you are leaving out. I recommend that you have the lender bring it the attention of their legal department. Also, I would think that a lawyer might be helpful in straightening out the situation.

This should be fixable without anyone suing anyone. However, be alerted to the fact that you are still responsible to get your ex's name off the mortgage. You should document your efforts to get his name off to avoid violating your judgment.

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