Legal Question in Real Estate Law in New Jersey
36 Month Forbearance Program
If a home mortgage has Two signatures present, is it legal for One occupant to sign the other occupants name without permission when proceding with a 36 month forbearance? Is the other occupant liable for this legal document? Any advice would be greatly appreciated.
2 Answers from Attorneys
Re: 36 Month Forbearance Program
That could be a problem. If someone signs your name without a power of attorney, it is a forgery. They do not have your authority to sign on your behalf. You should talk to an attorney to discuss your legal rights.
Re: 36 Month Forbearance Program
If both signatories are primarily responsible for repayment, both need to sign any documents. Unless the one person signing has a formal Power of Attorney for the other, they cannot sign the other's name. If, for some reason that is done, it is committing forgery and could be prosecuted. If not pursued, and the forebearance document is accdepted by the bank, the second signatory could be liable for any costs and charges that are incurred. If you are the other person and some documents have been signed without your authorization or approval, I suggest you immediately notify those interested and retain an attorney to protect your rights.
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