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Husband cheated and left wife. Before leaving, he took out a HELOC on their house

Posted on 11/28/17 at 8:07 pm
Posted by Ambassador
West Monroe, LA
Member since Jan 2004
1352 posts
Posted on 11/28/17 at 8:07 pm
Brief points of the case.

Husband cheated and left wife.

Before leaving, he took out a HELOC on their house, paid off a portion of one loan that was in his name only, pocketed the balance of $45,000 and left with the other woman.

Wife did not know about the HELOC until after he left yet her signature is on the loan documents. He had her sign a bunch of papers and she did at his request as she had for over 48 years of marriage with no problems.

Note does not get paid.

Bank sues, getting summary judgements against both.

Judgement is amended showing husband owes the money and interest while summary judgement in rem only is awarded against wife.

What does in rem only mean?

Asking because the wife's attorney is out of town and the family really wants to know what is going on.

TIA
This post was edited on 11/28/17 at 8:18 pm
Posted by beerJeep
Louisiana
Member since Nov 2016
35118 posts
Posted on 11/28/17 at 8:09 pm to
Pics of the gilf in question
Posted by RummelTiger
Texas
Member since Aug 2004
89949 posts
Posted on 11/28/17 at 8:10 pm to
Posted by Sampson
Chicago
Member since Mar 2012
24568 posts
Posted on 11/28/17 at 8:11 pm to
Not me but a guy I know
Posted by GetBackToWork
Member since Dec 2007
6262 posts
Posted on 11/28/17 at 8:12 pm to
Too bad Judge Wapner isn't still around for days like this.
Posted by Ambassador
West Monroe, LA
Member since Jan 2004
1352 posts
Posted on 11/28/17 at 8:16 pm to
I saw that but have to admit it makes no sense to me.

Do you happen to know a David Picou from Rummel? He used to be the Chef at the Ambassador Hotel. I have lost track of him over the years and want to touch base with him
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 11/28/17 at 8:20 pm to
They can’t wait until the guy they are paying to tell them what’s going on is back in town?
Posted by TH03
Mogadishu
Member since Dec 2008
171077 posts
Posted on 11/28/17 at 8:23 pm to
You sound like a dick, man. Your poor ex wife.
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
35528 posts
Posted on 11/28/17 at 8:24 pm to
quote:

You sound like a dick, man. Your poor ex wife.

I figured he was the wife's new boyfriend.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36237 posts
Posted on 11/28/17 at 8:24 pm to
It strangely gives me pleasure to see that there are women out there getting screwed by their husbands. Reading this board for 4 years, I thought only men were the one's getting fricked over.
Posted by StrangeBrew
Salvation Army-Thanks Obama
Member since May 2009
18184 posts
Posted on 11/28/17 at 8:25 pm to
Some Ambassador you are!
Posted by CorkSoaker
Member since Oct 2008
9784 posts
Posted on 11/28/17 at 8:27 pm to
Divorce is a business transaction. Let the best player win.
Posted by Giantkiller
the internet.
Member since Sep 2007
20447 posts
Posted on 11/28/17 at 8:27 pm to
FWIW I had to google “HELOC “. Why didn’t you just say “line of credit”?
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 11/28/17 at 8:29 pm to
Because HELOC is a pretty standard term.
Posted by McLemore
Member since Dec 2003
31535 posts
Posted on 11/28/17 at 8:30 pm to
quote:

Judgement is amended showing husband owes the money and interest while summary judgement in rem only is awarded against wife.


This is a contradiction of terms and makes no sense to me generally. You can perfect and foreclose security interests in property so that is "in rem" (no one uses that term that I know of any more, except occasionally re jurisdiction, but maybe in Louisiana--i didn't take many La courses and have never practiced in the state).

So if it was "in rem only" it wouldn't be "against the wife."

I need more info.
This post was edited on 11/28/17 at 8:37 pm
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 11/28/17 at 8:31 pm to
The in rem defendant will not be personally liable for the judgment, but the property can be used to satisfy the judgment.
Posted by Ambassador
West Monroe, LA
Member since Jan 2004
1352 posts
Posted on 11/28/17 at 8:33 pm to
quote:

You sound like a dick, man. Your poor ex wife.


You are right, the man is a dick and this is only the tip of the iceberg of what he stole. And for the record, the wife is my Mother. She is in tears asking me what this means as she has been served with papers with the bank asking for a sheriff sale of her home. But thanks for the comments.
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 11/28/17 at 8:33 pm to
quote:

no one uses that term that I know of any more, except occasionally re jurisdiction, but maybe in Louisiana--i didn't take many La courses and have never practiced in the state).


Do you even admiralty law, bro?
Posted by saint tiger225
San Diego
Member since Jan 2011
36995 posts
Posted on 11/28/17 at 8:34 pm to
Your family sounds trashy.
Posted by McLemore
Member since Dec 2003
31535 posts
Posted on 11/28/17 at 8:35 pm to
quote:

Do you even admiralty law, bro?


Ha. Not since circa 2001. I wrote an article on forum-selection clauses in seamen's employment contracts. It's all a haze now.

It's all Greek to me now....

Damn, it's coming back to me now. From Robert B Force. The Force has left me.
This post was edited on 11/28/17 at 8:45 pm
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