Westlake Village, CA asked in Criminal Law for California

Q: Can I sue my ex-husband for forging my sig on loan docs where in he also took out a $500,000 line of credit in ‘06?

We live in California, the docs were notarized, I had no knowledge of this until 1 week ago, he was & still is a mortgage broker. Inquiring about the statute of limitations on something like this.

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2 Lawyer Answers
Wais Azami
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Wais Azami
Answered
  • Criminal Law Lawyer
  • Garden Grove, CA
  • Licensed in California

A: Statute of limitations starts tolling on fraud at time of discovery or when someone should have reasonably discovered the fraud, not the time of occurrence of the fraud. However, you'd have to check with a real estate attorney as to whether your husband actually needed your signature or consent before binding you to such a contract. If he legally could have committed you to it, then it may not be fraud. I'm a criminal defense attorney, not a real estate or contracts attorney.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: need more info

statute of limitations should start when you learned of the incident.

you need to contact a civil lawyer in YOUR AREA who does real estate.

did loan require both signatures? i think it would it both of you are on title.

was this home you owned and he took out line of credit or did he take out to purchase home.

no matter what the answer anyone can sue anyone at any time for anything.

the correct question is can you prevail? a family law attorney should be consulted for that if the marriage is on the rocks.

i am in palm springs and i suspect this is somewhere else. if so i am happy to give you some names.

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