Legal Question in Real Estate Law in Florida

florida mortgage

my husband signed on a mortgage in 2006 we were seperated and i had no knowledge of it.we were living apart he was in one county and i in another. his son was the loan officer who did the mortgage and they forged my name to it.his ex wife{''my husbands''} also worked in the mortgage firm and she was the one who noterized my signature i was just served with a lawsuit because they are forcloseing on the property.they are trying to tell me that i am not liable for the loan {''my husband and them that forged my name''}but the papers say that he and i are the barrowers i don't believe them they said it wont go on my credit and i am not at all liable for this 90.000 loan.the son had his wife forge my name on it he said it was a {''mobile mortgage''} done outside the office and some of it inside he said that was common practice in their bussiness.i do not know anything about this could you please help i'm a single mom with cancer struggling to survive and i can not afford an atty to help me i was just served this lawsuit on 12/08/06


Asked on 12/09/07, 11:15 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: florida mortgage

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.

If you did not sign the promissory note, then you are not responsible. If your name appears on the Mortgage only, you will not be held responsible for any sums of money and there will not be a judgment against you. Forgery is a serious charge however, and if your name was forged, you want to bring that to the attention of the court and/or the police. The signature can be proven to be a forgery by a handwriting expert but that can be costly. If you allege it was not your signature, the Plaintiff (the lender) should have the burden to prove that it was.

Scott R. Jay, Esq.

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Answered on 12/09/07, 11:41 pm
Stanley Miller Stanley M. Miller, P.A.

Re: florida mortgage

The question is whether you are on the promissory note. If not, no problem. If you are on the promissory note, see an attorney and go to the police ASAP.

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Answered on 12/10/07, 10:10 am


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