Can I sue my ex husband for using my identity to remortgage house? 6 Answers as of January 17, 2014

Prior to our divorce, my ex and I filed for bankruptcy. The bank agreed to allow us to stay in the house as long as we paid "rent" every month. During the divorce, he secured a 2nd mortgage on this home without my knowledge by forging my initials on a house we didn't own. After the divorce, he was awarded the house and then subsequently stopped paying "rent" and stopped paying on the 2nd mortgage and was foreclosed on. This is now showing on my credit report despite the fact that I had no knowledge of the 2nd mortgage and didn't own the home. Can I sue my ex?

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Law Offices of Craig B. Friedberg, Esq. | Craig Friedberg
Have you notified the lender (who I presume is the furnisher of the negative credit information in your credit reports) of the forgery? Do you have any proof that the documents were forged? Send as much information as to the forgery that you have to the credit bureaus (certified mail/RRR) and dispute the tradelines. If the lender does not at least amend the tradeline to note that you are disputing it, you may have a Fair Credit Reporting Act (FCRA) violation against the furnisher and, possibly, the credit reporting agency. You should contact a National Association of Consumer Advocates (NACA) attorney in your area [ www.naca,net/find-attorney ] if you want to pursue the FCRA claim.
Answer Applies to: Nevada
Replied: 1/17/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can sue him civilly or go to the district attorney office for criminal bank fraud charges.
Answer Applies to: New York
Replied: 1/15/2014
Law Offices of Linda Rose Fessler | Linda Fessler
Yes you can certainly sue him .
Answer Applies to: California
Replied: 1/10/2014
Janke Legal Consulting | Bruce C. Janke
You should start by sending a formal dispute letter to the three credit reporting agencies, Equifax, Trans Union, and Experian. Here is a link to instructions and sample form: http://www.consumer.ftc.gov/articles/0151-disputing-errors-credit-reports Explain that the foreclosure was the result of a forgery and demand that it be removed from your reports. There are also people who specialize in removing negative items from credit reports. Here is the e-mail address for one that I have used: MissBH74@Yahoo.com It costs about $100, but it's worth it for all the work and aggravation it saves you. You could, I suppose, sue your ex for identity theft, fraud, or other cause of action. But you would have to pay a lot of money to an attorney to handle the case for you. And given your ex's history, he probably doesn't have any money or other assets from which you could collect a judgment anyway.
Answer Applies to: California
Replied: 1/9/2014
James C. Hord, Attorney at Law | James C. Hord
????? Yes.? You can sue anybody for about anything.? The problem is finding an attorney who would take on your case.? This sounds like a complex case of identity fraud.? Unless you have thousands of dollars to retain an attorney, or your ex has thousands in assets?from which a recovery can be made, it may be difficult for you to pursue your case.? You can write letters to the credit bureaus to dispute your credit ratings.
Answer Applies to: North Carolina
Replied: 1/9/2014
    Durham Jones & Pinegar | Erven Nelson
    Yes, you could sue him for identity theft and fraud. The bank could sue him for fraud. You also should demand that the bank rehabilitate your credit as to the falsified loan.
    Answer Applies to: Nevada
    Replied: 1/9/2014
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