Legal Question in Real Estate Law in Florida
Fraudulent Notary
What is the consequence to the lender and notary if it is found that the entire loan package, including mortgage, was fraudulently notarized (the notary was not present and did not personally witness the signature, a violation of State Statute) and other documents to be signed by the borrower were forged?
Would the mortgage still be valid?
1 Answer from Attorneys
Re: Fraudulent Notary
Most likely, yes, the mortgage would still be valid. I am assuming you were infact lent the money. You validly executed the note and mortgage. Your intent was to fill out the loan package and receive the funds. It is very difficult after the fact to go back and say, "yes I received the money the bank was willing to pay me, but now I don't want to honor the mortgage since the notary did not watch me sign."
I've seen it argued and rejected by the courts on many occasions. Most of the time it is your word vs. that of the title company or closing agent. Most likely they will have your driver's license in their file.
It is a losing argument. If you are having problems keeping up with your mortgage payments, there are loan modifcation companies who might be able to assist you. There is a company I work with that I would strongly recommend. I have personally seen banks lower interest rates to as low as 2% to help out qualifying borrowers.
Contact me for more info.
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