Legal Question in Criminal Law in Florida

forgery

someone i know forged my name to a mortgage allthough i am not on the promise note they done this without my knowledge and the people who done it worked for the mortgage company and the owner called me and said there was nothing i could do to him or the persons who done it or the ones who witnessed the forgery.he informed me that because i suffered no monetary damage that nothing could be done and if i made a report that all that would happen was they would just be slapped on the hand and told not to do it again.he owns the mortgage company and my estranged husbands exwife worked there and was the notary who witnessed all of these documents and her son was the loan officer who prepared them and her daughter in law was the one who forged them.my estranged husband was the barrower and they said i was there and signed all these documents. he signed the loan so he could get his son (the loan officer) and his wife (the forger) a loan because they had bad credit.the owner said he would only be liable for there actions if my name had been forged to the promisory note and they would not get in any trouble because i was not.do they just get away with doing what they want to people or do i have any recourse.


Asked on 12/16/07, 9:21 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: forgery

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Forgery is a criminal act and against the law in Florida. While they may be right that you did not suffer any monetary damage - at least not yet, the outstanding mortgage may affect your ability to get a loan as some lender may pick up the outstanding mortgage and count it against your available credit. Further, if the borrower does not repay it on schedule and a foreclosure is filed, you will be named as a defendant and may have to spend time in order to defend against the action.

You have every right to file a complaint with the police as well as the State of Florida for the violation of the law and the applicable regulations governing the mortgage industry. In today's market, there may some real interest in investigating the fraud perpertrated by the broker and his staff. Further, the notary can lose his or her ability to be a notary. Do not hesitate to file your complaints with both the local police and the State of Florida Divison of Finance. A complaint can be found right on their website at:

http://www.flofr.com/licensing/

Scott R. Jay, Esq.

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Answered on 12/16/07, 10:04 pm


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