Do we need a lawyer?

[GrandWino]

@Cat_Whisperer

I think this is necessary, too - I keep all the paperwork for all our financial stuff to keep our asses covered. I’d be very curious to see if he did indeed forge her signature, or if there was none required. We just bought a new car this summer with both my husband and me on the loan, and we both had to sign everything.

We’ll look into this. From my understanding, these were changes he was able to do over the phone but it will be interesting to see what they show.

[Cat_Whisperer]

Good plan, Bob.

[PunditLisa]

I second/third the advice to get a copy of the revised loan note to see if your wife’s name is still on it.

The ex could not have made a modification to the loan over the phone. Written contracts can only be modified in writing.

[ballardfam]

I think you should go to a lawyer and find out the fastest/easiest/absolutist way to financially separate completely from the ex that is doable for you. I think, based on his history, he can’t be trusted. A good lawyer (civil?) can tell you what your options are where you live & what has occured with the bank’s actions. Honestly, if he bails on the loan you’ll be liable (or at least your wife) and at the very least this loan will be hanging over your head for a long time.

[Folacin]

@Bob Ducca

We’re planning a big ol’ party when this thing is finally paid off. Part of the original loan was to pay for their wedding, so you can imagine how fun it is for us to pay that bill each month.

And another good reason to not borrow money for a wedding. Bad enough to be paying on a car or electronics you don’t have anymore.

[KneeSid]

I would see what’s up with the bank.

First if he forged her signature on the loan, what’s him to stop from doing it again. Presumably he has her social security number. Did you put a fraud alert on her credit report? If not do it right after reading this. Your credit report as well.

Second if BoA screwed up and your wife isn’t responsible for the loan anymore, since it is a new loan. Then you MUST exercise this right. If your wife is no longer legally responsible, great new for you guys.

If you’re worried about ethics, you can always pay the remainder of her portion directly to the ex husband and let him use that money to pay off the new loan he renegotiated.

BoA isn’t going to tell you anything that is to their disadvantage. You may want to go on the offense with BoA and say, “Look as I understand my lawyer is telling me, since you refinanced it, she is not legally responsible anymore. Please remove all references to her account.” You could bluff them through it and see what they say.

And watch your credit as BoA will still put crap on your report, even if it’s false. They’ll put it there, till you object, you’ll get it removed and they’ll put it back. You have to find some sort of legal help for this