Legal Question in Real Estate Law in Illinois

Husband forged wife signature on mortgage. Couple separated. What legal action can wife take?


Asked on 1/30/12, 8:52 pm

1 Answer from Attorneys

1. Assuming this was a notarized signature, the notary is in trouble.

2. This is bank fraud. There are various penalties.

3. As between H&W, if she files for dissolution, ownership automatically devolves to tenants in common pending outcome of the case. She will want H to cover the mortgage and hold her harmless.

4. She could blow the whistle and that could result in the loan being defaulted and that could hurt her too.

5. If she knew about the forgery, she is potentially complicit so there may be some "practicalities" to consider.

6. Without knowing more, can't say more other than that these are all possibilities, among others.

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Answered on 1/31/12, 12:03 pm


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