can my estranged husband secure a loan forging my signature causing me to be forclosed on?

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can my estranged husband secure a loan forging my signature causing me to be forclosed on?

my estranged husband took a hard money loan against our home, forging my name
unbeknownst to me then left with mistress and purposely defaulted on loan to
force forclosure dealings causing my son and i to be evicted when our house was
paid in full by cash can he legally have done this

Asked on February 13, 2017 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, legally he cannot, and if you can show that he forged your name, the loan can be voided as to you and the home (he'll still be liable): a person is not liable for a loan or other contract/agreement which they never agreed to, but where someone else forged their name. You can also sue him for any costs or losses you suffer from this process.
Get an attorney to help you--with a house at stake, it's well worth the investment. The lawyer can file legal papers to temporarily stop the foreclosure pending a full hearing on the situation, where you will have the opportunity to present the evidence that this was a forgery.
In the meantime, file a police report and press charges against your estranged husband: this is a crime, and pressing charges is one way to not only get justice, but to demonstate (i.e. produce more evidence) that he did this illegally, since if you don't, a logical question becomes why did you not report a forgery and criminal act of this magnitude to the police? Not filng a police report substantially weakens your case: it makes it look like he didn't really forge it, since surely if he did, you'd have gone to the police.


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