Sunday, September 09, 2007

query: who can help me if HUD-1 was forged

I apologize for not answering your first query, which was:

query: I have two HUDs from title company

I fully intended to answer as it's an important situation but got sidetracked. So, let's deal with that one first.

You should never have two HUDs for the same transaction unless there is some very clear purpose laid out in writing that makes complete sense to you AND both versions of the HUD have been delivered to all parties including the lender AND both versions really say the same thing. What I mean is that the disbursements are really the same on both. That means that the money being paid to each payee is the same and the name of the payee is the same.

Frankly, the only time I allow two HUDs on one transaction is when a mortgage lender refuses to acknowledge the regulations of TIRBOP and changes the way title fees are disclosed on the HUD. This is extremely rare. It's happened only two times. In both cases, we had the parties sign two HUDs - one fulfilling the lender's desire for lumped fees and one meeting our regulatory guideline for itemized fees. We also had parties sign a disclosure explaining WHY we were forced to do two HUDs. Everybody including the lender received both versions and the disclosure.

NOW to respond to your second query, if you believe someone has forged your signature on a HUD-1, you've got a serious situation on your hands.

What you don't want is to be pulled into a fraudulent transaction.

I would send a copy of both HUDs and the allegation of forgery to the FBI or perhaps the state Attorney General's office. Forging a signature is a crime.

Oh, and I'd copy your title insurer. You have an obligation to inform them of potential fraud in the insured transaction. Send it directly to their main office. You should be able to find the address on the internet or through the state insurance department. I would include a copy of your title commitment or title policy if you have one.

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