Legal Question in Credit and Debt Law in Florida
Morgage Fraud, Homestead, Unfair Trade Practice
My husband and I satisfied a first mortgage on our homestead with a national bank that was signed by both of us as a married couple. Within weeks the bank called repeatedly attempting to persuade me to take out another mortgage. Despite my continual refusal to borrow and my repeated demands they stop contacting me they would not stop calling. They convinced my husband that my signature was not required and that they could legally give a mortgage on our home without my consent. Despite my in person strident objections and proof of a marriage license and deed,the bank with malice and knowledge gave my husband a mortgage as a "single man." They repeatedly harassed and extorted me for payment for this fraudulent, illegal debt, harassed my minor child, and eventually filed mortgage foreclosure against my husband "and his unknown spouse" and against me "and her unknown spouse." My question is, does not the Unfair Trade Practices Act apply to me as a former customer and also as a spouse?
1 Answer from Attorneys
Re: Morgage Fraud, etc.
Based upon the facts you supplied, I doubt that the Unfair Trade Practices Act applies or if it does that it is the best avenue for protection of your interests. To properly answer and counsel you, it is urgent you see me or another attorney versed in this area. If you can please call me for an appointment at your earliest opprtunity. I will be sure to make time available. The initial 20 minutes will be without obligation to you. My phone is 305-940-8080. If you do come here please bring all documentation that relates to this matter including all papers relating to the foreclosure action. In view of what is happening, time is of the essence. Whatever you decide, do something as soon as possible.
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
18260 NE 19 Ave
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