Legal Question in Real Estate Law in Georgia
Forged notary signature on a security deed assignment.
If the notary signature on a security deed assignment is determined to be a forgery/void/does not match the signature on the certificate of authenticity, and you put the law firm facilitating the non-judicial foreclosure on notice of this, prior to the sale, is it not a criminal act for them to cry the property out on the courthouse steps, and couldn't they be arrested if they tried to? They would be attempting to sell what amounts to what they know to be stolen property - something they do not own.
2 Answers from Attorneys
Yes, forged documents are a crime.
Unfortunately, because you are so badly mishandling this, you may be the one who ends up losing out.
THIS IS A SITUATION YOU CANNOT HANDLE WITHOUT A LAWYER. Let me repeat this. YOU HAVE TO GET COUNSEL - and do it BEFORE the foreclosure date.
First of all the lawyer will know what to say (and no, this is not selling stolen property, so if you said something like that you probably got ignored). He may actually get the foreclosure stopped.
Additionally, if what you say can be proven, you might win monentary damages from the lender. If nothing else, you might delay the foreclosure.
So, stop sending letters that are not helping and get an experienced lawyer immediately. THE FAILURE TO DO SO COULD EASILY COST YOU YOUR HOME.
You have a legal emergency and it cannot be solved online. Get off the computer and call a lawyer - fast.
Your post is too vague to answer. Who "determined" a signature was a forgery, and what "notice" was provided to the law firm? If your question is can you call the foreclosing law firm 3 days before the foreclosure and just tell them a signature is a forgery, whether that stops the foreclosure, the answer is no. If that was so, everyone would call and make up something.