Upcoming Foreclosures

Can I file a lawsuit against bank?

My husband purchased a property in Florida (only his name on note and deed). Bank filed a lawsuit (foreclosure) after we missed 3 payments. Bank foreclosed house right a way. Couple months later I found that I was a victim of mortgage fraud - defraud by bank Now I try to file a lawsuit against the bank (for fraud). Q: 1. Could they (bank) say - .You waived your right because you did not file a counterclaim against us when we foreclosed your house…. *It was a foreclosure lawsuit. I did not have any defense because I missed monthly payment. So I let them take my property. Now I am talking about fraud lawsuit. 2There was only my husband’s name in all the loan documents including a note and deed. Now; I want to be a plaintiff not my husband. Can they still argue about “collateral estoppel”?? 3 When bank filed a foreclosure lawsuit, was I in that lawsuit automatically even though I was not part of that mortgage transaction because I was his wife? 4 I am living in Virginia. FL and VA law might be different? What do you think?

Public Comments

1. You will need to talk to an attorney. I am not familiar with the laws in your state. In most states, if there is a mortgage against a piece of property, both the husband and wife are responsible for the debt regardless of whose name is on the deed. If you have been a victim of fraud, of course you can sue...but don't know how far you will get.
2. Address this matter to real estate lawyer. Good luck.
3. neither Virginia nor Florida are a community property state so you probably do not have a claim sense it was not your property it is hard to claim damages/loss. Your husband may be able to file if the mortgage fraud case is solid. It sounds like collateral estoppel should not be a defense because you are not arguing the decision the court made but filing a claim for other reasons not to reverse the foreclosure decision. It would be helpful though if the fraud committed could be connected to the foreclosure taking place provides stronger evidence of damages. Not being community property you were probably not involved in the foreclosure proceedings. It is expensive and time consuming to go up against the banks. If you have a solid case of mortgage fraud you may be best just reporting it to the proper agencies. If the agencies take action fine/penalize or even just black mark it would be easier for your husband to file a claim after that and they would be far more likely to just settle. If you want contact for the agencies I would be happy to provide the best ones to contact. I am not an attorney just giving you the most logical advice possible. You will need to email me the name of the lender the specifics of the fraud and the type of loan. for me to determine which agencies you can report it to. bruce.qualters@gmail.com