I found out right after we were divorced that the reason my husband told the judge I was not on the deed of our home was that he secretly took out a loan for 50K more that we would have owed, either using only his signature or forging mine. He put the money he got in an account calling it his "separate property" in the divorce. He lied in court about the down payment and lied in discovery about the mortgage. Now he wants me to sign "quit claim deed" to make his fraud with the lender OK and take the house. If the time has expired to file for a new trial, what recourse do I have? And isn't this also the lender's problem?
You need to meet with a family law attorney immediately to find out what your options are if any through the Family Court. There is such thing as a bill of review which addresses certain types of fraud.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
Your monster is time. You need to ensure you are still within time to request a new trial. Another route—was it an agreed judgment? If it is, an argument can be made that there was fraud that vitiated the agreement.
You should consult an attorney to advice you on the finer points of appellate law in Texas.
A Bill of Review proving fraud can be granted for 4 years. Bills of Review are a complicated draft and you should expect a lot of time or money being needed to do this. They are not always granted but it sounds like your "bad" facts are good for a Bill of Review. If it has been over 4 years I doubt you have any recourse.
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