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Additional Details
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janetbrotherston@bti... | If a wife signed a form without husbands knowledge is this classed as fraud? |
a wife signed a form to remortgage their house without husband eing aware, |
 |
 
Steve B
|
Only if the House ownership / Mortgage is in joint names ...
If the house is owned by wife & her's is the only name on the Mortgage there is nothing the guy can do. |
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Elana
|
Its only a fraud if she forged her signature or
indicated somehow that he had approved
of whatever she was signing.
In other words: Its fraudulent if he is brought
into the transaction without his consent. Married
people are free to enter into contractual relationships
completely independently of their spouses.
The only reason that a spouse would get involved
in such a contract is if the originator failed to
pay and the litigant then went after JOINT property.
This is one reason why people tend to hide
things in their spouses name. That is, if I want
to get involved in shady dealings, my house,
bank account, car, etc are theoretically unattachable
if I don't actually own them - if they're owned
by my spouse.
However, the courts take a dim view of such
finances and will occasionally intercede and
seize goods that aren't technically jointly owned.
The classic spousal blunder is for one party to
pledge money towards something and use the
jointly held house as collateral. Most reputable
organizations will not let you use something
jointly owned as collateral without a signature
from all owners, but of course, some do...
In the case you cite, if she signed for him,
than it WAS fraud (assuming no power of
attorney). The process of remortgaging
a jointly held property requires signatures
of all of the owners. |
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alatoruk
|
and how did she get a bank to remortgage a property that has her husbands name on the deeds. fraud if his name is on the deeds, not nice but legally none of his business otherwise. |
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friendofb
 |
If she forged his signature then yes |
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SPIFIMAN1
|
If the mortgage is in both names and she forged his? Then yes it is fraud. The husband could have the contract voided and have his wife prosecuted. He should at the very least consider if he wants to remain married to such a dishonest person. |
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VT
 |
If she forged his signature without his written authorization, and the home is jointly owned or singly owned by him, and without power of attorney over him, then yes. This is probably a matter of state law, and you should consider the factor of whether the couple's state is a community property state or not. It gets a lot more complicated if they are ex-wife and ex-husband, and this property was part of the divorce settlement. |
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ANF
 |
If she is a joint owner of the house then she can do just that. She must only sign her own name but if she signed her husbands name she is guilty of forgery. A house in joint names should have a bar on any remortgaging without the two signatures being made in front of witnesses at the same time. This can be covered in the deeds etc. |
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luciousgreeneyedlady
|
could be fraud but being married makes everything both of yours anyway. |
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mike-from-spain
|
depends on whose name it was in, if in joint names, then she would be ablre to remortgage it as she is part owner, and No they wouldn't necessarily tell the husband, or they might but she could intercept the letters. Only a fraud in she forges husbands name on any document |
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johnfwallis@btinternet.com
|
If she was signing his name, I would guess so. |
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kittenbrower
 |
If she had a power of attorney it is perfectly legal. If not it depends on if she owned the house as well. |
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natty
 |
if she signs her husband name then yes it is |
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Shadygoingson
|
I`d say yes! Bang out of order |
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