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lodie4u
Jul 29, 2007, 02:24 PM
During the time my ex-husband and I were in the process of separating, our house payments were behind. I asked him about payment which he didn't have any cash to assist in our joint obligation. I then asked him about s mail offer of $1500.00 which would pay us up to date and he said to get the loan. He told me to sign his name which I did and then signed mine underneath. The money was used for the house payment. He now claims that he never gave his approval and is accusing me of forging his name to the document.

When I signed my name beneath his, I was told that was what should be done. Now he has told the banking company he had no knowledge of this.

Since we were still legally married, doesn't this make the loan a legal document since it went for the joint bill on the mortgage?
Please advise on the legality of this issue.

Thanks
L4U

Fr_Chuck
Jul 29, 2007, 03:47 PM
No you did not have his power of attorney ( at least in writing) to sign his name. If he claims now he did not sign it, and that he did not give you permission to sign it, he can not be held liable for it. And yes he can claim it is fraud if he wants to. What proof do you have that he told you to ?

excon
Jul 29, 2007, 04:24 PM
Hello lodie:

If you were still married, and you live in a community property state, it doesn't matter if he signed the loan application or not. He's still equally responsible for paying it.

excon

s_cianci
Jul 29, 2007, 08:45 PM
You signed his name ; he didn't sign it himself. That probably leaves you without a leg to stand on. Whether he "told" you to sign his name or not, the fact is that the signature is not his. Not that I doubt your story but by proceeding in this matter you left yourself wide open for him to claim forgery and that he had no knowledge and never consented to the loan, etc. That leaves you holding the reins.