Q: Divorce was final in 2009. I filed quit claim deed per the judgment. My ex was supposed to re-finance. He didn’t.
Divorce was final in 2009. I filed quit claim deed per the judgment. My ex was supposed to re-finance. He didn’t. He filed for a loan modification, with my name on it, without my consent. A personal friend of his notarized the document. I only found out because I received a notification of a dismissal of foreclosure proceedings. Do I have any legal recourse here?
A:
You could sue to cancel the false loan modification application, but you would still be liable on the original mortgage note. So, unless the terms of the loan as modified are tougher than the original loan terms, there wouldn't be any point in suing.
The problem with the original divorce terms is that, even if he were to file for a modification, there is no guarantee he would get one (particularly in 2009). You shouldn't have been required to quitclaim your interest to him until your obligations under the original note were discharged. But that's water under the bridge, I suppose.
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