Legal Question in Real Estate Law in Florida

A large bank/mortgage co. filed foreclosure on our property in FL. a liitle over 1 year ago. My name and credit was the only one used for getting this mortgage but someone at the bank forged my wifes signiture and initials on the note when presenting it to their attorney to foreclose. I hired an attorney and he asked them to present the original note. After a year they still did not provide the original Note. The case was dismissed.

Do I have a case? Can I ask that the Note be canceled and can I or my wife have legal claim to this property if they do not provide that note, or if they do provide the note with forged signitures on it?

Thanks, Jeff


Asked on 11/17/09, 2:35 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You have hired a lawyer and he or she will be more familiar than anyone here with the facts of your case. Contact your lawyer. The forgery of your wife's name, if that was the portion dismissed, does not change the fact that you owe the money for the house.

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Answered on 11/22/09, 2:42 pm


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