UPDATED: Sep 30, 2022
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My ex-husband forged my signature on a loan modification document. He and one person from the mortgage company insist I am not on the mortgage which I know I am not but I am listed as a borrower on the modification. He was not approved for another modification or refinancing which I was told is the only way I will no longer be listed as a borrower. I did my part with the quit claim deed and then discovered this. I do not like nor want my name attached to anything dealing with the house. Do I have any legal avenues to pursue as far as the forged signature and how would this affect the mortgage?
Asked on June 16, 2017 under Real Estate Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can bring a lawsuit for a declartory judgment (a court determination) that you are not on the modification and a court order that the modification be voided, since it is the product of fraud (and also identity theft). You legally cannot be added to an agreement, made responsible for a loan, etc. without your consent, and any attempt to do so is void. However, the way the legal system works, you have to enforce your rights via a lawsuit--no one enforces them for you. As long as you are suing over this, you should also sue for compensation--e.g. the costs you incur due to this forgery (like the legal fees).
If the modication is voided, the original mortgage should be reinstated.
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