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Jessica
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Lawyer3786, Expert
Hello. I am one of JA's expert lawyers and will assist you with your query. However, please note information on this site is for general purpose only and does not form a solicitor-client relationship. Also, while I am online at the moment, I am not always online so if you happen to message me at a time when I am not in front of the computer, it may take me a little while to get back to you. Rest assured, I ask that you please be patient and know that I will definitely get back to you as soon as possible.
Please go ahead and tell me what has happened and I will try my best to provide you with some information to assist you moving forward.
Lawyer3786, Expert
My pleasure. Please post the situation whenever you get a chance and I will get back to you as soon as I can. Thanks.
Lawyer3786, Expert
Thank you for that explanation. Though I can't offer you any legal advice as this site is for general informational purposes only, it appears that what the credit union is doing is unfortunately a pretty typical process in these sort of situations. Your recourse for the money you will be out of the pocket will be against your son's partner, who of course has now declared bankruptcy and won't be able to pay anything even if you do decide to sue him. The credit union only has recourse on his portion of the property that he owned. So the equity in the house should be divided 3 ways as he is still on the title and you should be able to deduct his portion of the mortgage payments that you have paid for the the last few years. You should only have to give that remaining balance to the credit union and if it covers their loss then great, and if it doesn't it's not your issue. Of course they are going to ask for as much as they possibly can to try to recover all of their losses and that is likely what the court hearing is for. Your lawyer will also argue fairness in that you and your son should not be held responsible for paying someone else's debts when you had nothing to do with it. The bank has their arguments and you have your arguments on the basis of fairness and as long as the evidence presented is believed by the judge, I don't see how a judge would make you guys pay out of your pocket for someone else's debts. Does that make sense? Any further questions?
Lawyer3786, Expert
I have never heard of a bank or credit union giving someone a loan of any amount without doing a credit check. I can't quite say whether it the law or what, but I don't imagine anyone would give loans to an individuals without knowing about their credit history.
Lawyer3786, Expert
You are very welcome and I am glad I could assist. I really hope it works out in your guys' favour moving forward! Thank you for using JustAnswer and please feel free to start a new request if you have any other questions in the future. If you wish to chat with me specifically, simply put "for lawyer3786 only" before the question and it will make its way to me. Take care and have a good day.
Lawyer3786, Expert
Thank you.