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Survivor, Home Seller in New York

I own a rental hose with my Ex, both of our names are on the deed, it's marital property. Did my name have to be on the Real Estate contract?

Asked by Survivor, New York Sat Jul 28, 2012

My spouse has forged my name many times, I think he may have done it on the contract to sell our home in NY. We are joint owners, was I supposed to be a part of any contract? Or can just one owner sign it. Selling it is part of our divorce agreement.

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Seems my EX and the Agent have intentionally left me off since it was put on the market in 2009. This Agent has been switching to different offices and my EX stays with him where ever he moves to opposed to getting a different Agent to work with. I contacted him today, asked to meet, he was reluctant. We set a time, he tried to cancel. Finally met but not at the office but a Burger pace. He did not have the contract. So I went to the office about 2 miles away to get it myself. They called the Agent about it. He wold not come in but said he'd hand deliver it to me Monday.
I wanted the Manage in on this all. She came and a can of worms was open with illegal behavior for a R.E Agent to do. She found this Agent signed his name to things that only a Branch Manager should sign off on, he made a contract without my name on it and has done several of them. He violated serious MLS and R.E Laws. He's supposed to check with her before he puts anything listings online for her to review, he did not. He did not even have her sign the contract or show it to her to review or otherwise she would have seen that an Owners name was left off. She was very very upset and shaken because of these unethical actions. I'm told that all of them can get in trouble including my Ex because our divorce Agreement has that BOTH of us are to consult on every part of this. My EX knowingly avoided putting me on the contract or contacting me about any of the selling procedures. My head was spinning. I could sense the Managers shock and panic because it's a serious offense and threat to all of their licenses. I don't have a mean bone in my body and feel terrible for her but not for my EX's intentional actions or his Agent's. That Agent should know better.
0 votes Thank Flag Link Sun Jul 29, 2012
In Illinois you would hold title so he can't legally sell it without your consent. Even if he did fraudulently try to sell it, the title cannot transfer.

Contact an attorney in your state to give you a definitive answer.
0 votes Thank Flag Link Sat Jul 28, 2012
Unless he has power of attorney from you to sell real estate he should not be able to sell without you.
He might could forge your name on a contract, but I don't think he could forge it at the attorney's office or title company for closing. Not impossible perhaps, but probably pretty tough to do.

Have a realtor set up a search for you for this address and alert you any time it comes on the market. When it does you could contact the listing agent and remind them that you will need to sign any contracts and give them your contact information.

You might check to see if the tax records are online for your county in NY and check to see which names show as owners. That might give you a clue if it is sold, or still in your name.
0 votes Thank Flag Link Sat Jul 28, 2012
Thank you. I did have a high end Realtor check the status of the listing, it does have my name as the Owner and the Seller, so, they suspect that means my signature is on the contract to List it. Which means it must be forged....again. They said I need to know what's on that contract to make sure that it doesn't have me as the one paying all over the fees. Since he tried some stunts when buying me out of our marital home, like wanting me to sign a legal doc to take my name off of the deed but no mention of a buy out and money due me for it, can't trust him.
Flag Sun Jul 29, 2012
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
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You think he sold the home? You had better contact an attorney who is licensed in the state of New York. In Texas you would need to sign any contracts of sale pertaining to the property but you really need to speak with an attorney who is familiar with NY law.

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Don Groff
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Keller Williams Realty | 360 Lending Group
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listings@dongroff.com | http://www.AustinListed.com
0 votes Thank Flag Link Sat Jul 28, 2012
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