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2nd mortgage community property state without spouse knowing

Posted on: 21st Nov, 2009 10:25 pm
My ex-husband bought a house while we were living together in his name only in a community property state (ID). We got married. He got a 2nd mortgage without my consent. We got divorced. The divorce papers list the house as community property granted to him and give me a lien when it is sold. This is where it gets complicated. We lived together 2 more years and then unexpectedly he abandoned me and the house. He gave the house to investors without them getting a new loan. I ended up getting the house back all the while continuing to live in the house keeping the payments on his original loans mostly current until this spring. My question is--is the 2nd mortgage valid since he got it without my consent while we were married?
hi purple,

the second mortgage will be considered as valid though it was taken without your consent. the property has been used as a collateral to get the second mortgage. the lender has all the rights to collect the dues. if you're unable to pay off the dues, the lender may even foreclose the property.
Posted on: 22nd Nov, 2009 06:42 pm
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