Legal Question in Family Law in Florida

Son commits forgery against mother

The son, mother, father and daughter were all on the house deed when it was purchased. Son moves away and is currently married with children. Mother, father and daughter decide to sell house and move and find out son forged mother's signature and took out second mortgage on house. Son has made no move to repay and house is already sold. Family wants to legally settle this. How should they proceed?


Asked on 11/21/01, 2:05 pm

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

Re: Son commits forgery against mother

This is a very serious legal matter. In order to obtain any relief from either the lender or the title insuror who may have insured the second mortgage, you will have to file a criminal complaint against your son. If you travel this path, then you can make a claim against the lendor and/or the closing agent who closed on the second mortgage and issued title insurance on the loan. They will have to pay the claim although this can require some prodding. They will want you to prove that you were not a party to the second mortgage and did not share in the proceeds.

You provided very few facts and my answer is extremely general in nature. I strongly suggest that you consult a qualified real property attorney in your area to assess your legal rights and obligations.

Scott R. Jay, Esq., 305-249-8000

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Answered on 11/21/01, 10:51 pm


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