Sunday, May 04, 2008

query: my wife forged my name on a mortgage

Contact an attorney.

The mortgage lender through the settlement company had a duty to verify the identity of the person signing the document. They would do that by having the document notarized. The notary public would have asked for federal or state issued photo identification.

The mortgage is of public record so you should be able to look at a copy and see which notary public witnessed the signature.

If you are still married, questions will arise about whether or not you allowed her to sign the mortgage or had personal knowledge of the transaction.

Those are starting points for piecing things together but you need an attorney to protect your real estate, so don't dilly dally. Good luck.


Valerie Crowell said...

The first claim I ever dealt with was this situation. The wife forged a power of attorney and refinanced the family home to pay off her credit card sponsored shopping sprees. She did it four times before she couldn't make the payments any more. The husband was an alcoholic (hopefully that's not your guy's problem) and didn't sober up until the Marshall showed up. I was with ORTC at the time and we cashed out the policy, so the house was ours. After about a year in litigation, we settled and they got the house back.

This one's serious. I'd have a discussion with my attorney yesterday, like Diane suggested.

Diane Cipa said...

Wow, interesting.