Q: Is it legal for a bank to do a modification on a HELCO for only one spouse without the other spouse knowledge
My brother and his wife took a open end mortgage out in 1999. My brother was under the impression that the mortgage was long paid off since it reach maturity in 2009. But my brothers wife passed away in March 2017 at which time he found out that the bank had allowed his wife to do a modification on the loan in just her name without his knowledge is this a case of fraud.
A: Fraud by whom? His deceased wife? Or the bank? It probably is not fraud by anyone. A wife can be considered acting as agent for her husband in some circumstances, although usual practice would be for the bank to have both sign any loan modification. Perhaps he is not personally obligated to repay any additional amounts that his wife received without his knowledge, but her estate could be liable to repay those funds. If the bank has not been fully repaid, and still has a mortgage on his house, then he is going to have to deal with that mortgage. Her estate might have to be involved to resolve this. He can talk to the bank or use the Find a Lawyer tab to consult a local attorney.
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