It definitely sounds like you didn't know exactly what you were signing. Which is in part why this seems very off. I sure hope you can find legal representation, or at least someone to explain what all you did sign and what happened.
Take him to court. Get child support at the very least. I believe that ppl shouldn't have to rely on others, but it sounds like he left you high and dry, and you need to ring him out.
That notary sounds shady too! I was a notary for 8 years and one of the first steps we're supposed to take is to identify the documents. "You have to ask the Lender" just sounds all kinds of wrong. Additionally, all documents MUST be signed in the presence of the notary. I hope you have a record of, or contact information for that notary as well because they did not follow standard procedure. They should have their commission revoked. Your legal representation will have a field day on this case if they're even half-way competent.
The lawyer said to change the locks. That since he abandoned the house, he's not allowed back in without ok from me. The lawyer wasn't interested about the documents signed, how they were signed, or the falsehoods use to get me to sign though. He did say half the money from the refinance is mine.
Keep a record of those documents anyway in case they come up later. And definitely get those locks changed. I'd also recommend you get in touch with your neighbors or, if there is one, your local neighborhood watch as presumably there isn't a good reason why your future ex husband should ever need to return to your house.
Good. Hope it fucks up whatever plans he had for that money. Your lawyer sounds like he knows his stuff.
I'm curious... Why not? I'd question that. Your husband used deception to get you to sign the documents, so that should be relevant. Like AB said above, keep records of EVERYTHING anyway. It never hurts to be over-prepared. I'm glad that you're entitled to the at least half from the equity refinance, but all that does is reset your mortgage for a larger amount (for whatever the terms are in the bank loan). Actually, you should get more than half since you're remaining in and maintaining the home and he's voluntarily leaving. It's not free money, but it should tide you over until you can gain employment to sustain yourself and your daughter... and get as much alimony/child support as you can. The courts ALWAYS favor women in these cases.
What do you mean it reset the loan? That means everything we paid into is gone? And we have to start all over like the house is new?
My brother who is a lawyer too, not family though, said to talk to another lawyer. So I have an appt for tomorrow for another and see if they say anything about it.
I'm not a lawyer but I'm wondering if this isn't a situation where you would need two types of legal advice - one for domestic affairs and one for financial.
No. It's all family law. We jointly signed those papers and the ones for the house. On the paper it said you agree to sign as "husband and wife" something like that.
Let's say that you paid $100K for your home on a 30-year loan, but it's now worth $150K. Depending on your bank, you can refinance and take out an equity loan for a portion of the equity that your home has built up. When you refinance and take out equity, say $20K, that amount is added to your loan or whatever you owe (plus bank fees, closing costs and ancillary charges). Depending on the terms of your loan, it could possibly start over with another 30-year mortgage, but with a better rate, so you pay less on the mortgage. I don't know what your loan terms are, so it's best that you review the documentation and educate yourself on that. It might sound overwhelming, but it'll benefit you in the long run.
The money he obtained from refinancing your home is added too the mortgage total. That's why your lawyer said you are entitled to half that money. In a better world I'd wish you could claim all of it and immediately repay what he's taken from your equity. He's obviously thought he could take your equity (in your home) that you have both spent your time together building by paying your mortgage and using it to finance his exit from you and your child and leaving that new larger amount owing in YOUR name! Get the most bloodthirsty lawyer you can find and let that lawyer proceed to destroy him and legally retain EVERYTHING you are owed! What a fucking dipshit parasite, leaving you holding the bag! Take him to the cleaners! And also find out if tar and feathering is a legal option in the area you live in!
I guess the only good thing I can say is at least it was only 4 years in this house. but, that's seriously vile.
It's not just the time you have been in the house and the amount you have paid off. If the value has increased (which it probably has) then sometimes you can actually refinance for more than the original loan amount.
This is true, but will land you in a HEAP of trouble if/when the housing market bubble crashes. The bank could call the loan, then you're SOL, with no place to live. The housing market has been on a stupid amount of fire over the last year, and all housing prices has gone up like crazy. You may be stuck with the re-fi, but be damn careful with it. If you get any money from the re-fi, please do not spend it willy-nilly. Treat it like it's something that can disappear in an instant, because it's not 100% real. I may have listened to Dave Ramsey too much, but I am in the debt is dumb camp. Yeah, ILD, you might want to check him out for info/advice how to go from here.
I'd at least suggest child support payments. Hell, he's frivolously buying his new girl shit....ya know? Yes. Change ALL locks. And yes, half that money is yours. But with him showing no interest in how those documents are signed...I would highly suggest finding another lawyer who WILL be out for your best interest at heart. Yes, documentation is of the utmost of importance! Is why I suggested getting another lawyer. There ya go! What these two said ^^^
