Legal Question in Real Estate Law in Florida

Title company forged satisfaction of mortgage

A title company accepts a forged satisfaction of mortgage and payoff. The Notary notorized the satisfaction but the signator was never there. The title company escrowed $7500 but the amount due was in excess $38,000. The title company is offering only to pay the 7500. What is my recourse against the borrower and the title company.


Asked on 8/14/07, 6:16 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Title company forged satisfaction of mortgage

IF your were not an active participant if the fraud, the title company is liable to pay the amount due. Suit maybe required.

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Answered on 8/15/07, 8:36 pm
David Slater David P. Slater, Esq.

Re: Title company forged satisfaction of mortgage

sue

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Answered on 8/14/07, 8:08 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Title company forged satisfaction of 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 they refuse to pay the full amount, you can sue for damages. If title insurance was issued, it will have to pay the amounts necessary to payoff the mortgage.

Scott R. Jay, Esq.

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Answered on 8/14/07, 9:34 pm


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