what action can I take against ex-spouse who is trying to obtain a loan in both our names

I am not licensed to practice law in your state.

Is this a second mortgage? If so, you might not have to do anything, because the lender will need your signature before giving the loan. If there is no mortgage on the home and both your names are on the deed and filed with the county property records, your permission will be needed for the loan. If she is trying to buy you out, obviously she will have to give you notice.

This information is given for educational purposes only. No attorney-client relationship exists between us.

First, make absolutely sure that there is no power of attorney still in effect that legally authorizes your ex to make a loan in your name. If such a POA exists, record a revocation with the New Hanover County Register of Deeds.

Second, if you have any evidence of this, report it to the New Hanover County Sheriff's Office and file a criminal complaint. They will investigate and if there is sufficient evidence, he will be charged with identity theft. I have posted a link to the statute below.

Generally the banks will remove liability from your name after you inform them there is a criminal prosecution. If not, you can take further civil action.

This information is provided as an educational service. No attorney client relationship is created through the use of this site.