Legal Question in Real Estate Law in New Jersey
My Ex-partner refinanced by forging my name.
She refinanced the house and cashed out about 80 grand. My name is on the deed but she forged my name to the mortgage. The mortgage was in her name. The deed is in both our names. She stopped paying the mortgage now they want to foreclose on her. Since the title company helped her commit this fraud they have offered me half of the profit from the sale of the house. That's 350k the fraud morgage minus the 270k original mortgage leaving 80k of which half is mine. Should I settle and just get out of this or do I have other options?
2 Answers from Attorneys
Re: My Ex-partner refinanced by forging my name.
Have a lawyer review all the facts and give you an opinion. There is too much at stake for you to base your decision on a partly-informed decision in and online forum.
My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. (You did not give your Zip code. My firm is in Marlton.) If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
Re: My Ex-partner refinanced by forging my name.
If the $350K was the actual value of the house and she financed at 100% of full value, your receiving $40K makes you whole and presumes the title company will go after her for reimbursement. If this is the case, you need to do nothing more. However, if the full value of the house was more than $350K, you are losing equity and might consider suing her as well for any additional loss. However, litigation will take time and could be expensive (although you could ask for your costs and fees as part of the suit). This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
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