Legal Question in Criminal Law in Mississippi
My husband refinanced our home and I am on the warranty deed to the house and I didn't sign any of the paperwork when he did this. My question is: Can I sue the mortgage company he went through and the bank who now holds the mortgage as it has now changed? I have ordered the documents to see who forged my name because I now know my signature had to have been forged for him to have gotten this done.
1 Answer from Attorneys
You have to sue the finance company and in that suit ask the Court to declare the lien invalid as against your interests in the property/home. If not you will lose that much "equity" you previously had in the house. In the same litigation you need to consider (strongly) suing the Notary Public who notarized the mortgage papers as they failed to confirm ID apparently. Also, you need to check out to see who the closing attorney was as they often require a photo driver's license (and photocopy it at closing) and they may be liable as well for falsely reporting that you executed the mortgage when you did not do so. First it would be helpful to figure exactly which date (and the approximate time on that date) the closing took place and see if you can prove you were elsewhere (hopefully out of town and charged a credit card while out of town during the closing and can prove you were shopping (buying gas-clothing, etc. on a card in another city) which would prove you could have never been the person who masqueraded as you in the closing.
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