Fraudulent Document in Foreclosure

[sureynot]

HI,

 

My home is in foreclosure. One of the documents included in the paperwork from the court is fraudulent. I don't know what it is, I didn't sign any documents pertaining to my home in that year. The signature has the incorrect last name for me for that year, and the cosigner is one of my children, who was a teen at the time.

 

On the second page of this document, the year is crossed out above the signature of the notary, and then changed to the following year.

 

I don't have any idea what this is. I don't have a second mortgage.

 

I have never asked any of my children to sign a legal document with me.

 

I was married on this date, so if it were a real document and I needed a cosigner, it would have been my husband.

 

There is no company name. It is not on letterhead.

 

What should I do?

 

Thank you

[doodlebugger]

Have they already ordered the sale of your house, or are you just getting the papers that state that the bank is foreclosing? If you are just getting the first round of papers, and this has not yet been decided by a judge/court, then you need to respond to the paperwork. Send a letter to the court, and a copy to the plaintiffs/defendants (which usually include banks, lien holders, etc.) stating that this document is false, and that you are requesting that they produce the originals. Do some research on "producing the originals" in your state. We had something similar happen with our foreclosure, and the judge, so far, has been ruling in our favor, and we are currently waiting to see what the next move is of the bank. In the meanwhile, we are preparing to move. The big issue here is that you don't want a judgment against you for something that isn't real.

 

I don't claim to be an expert in this area, so maybe someone has better information than I do. Good luck.

[SB12345]

The mortgage company(originally CountryWide->BOA and now apparently the Bank of New York Mellon ) added me to the note for foreclosure at some point...and the notary date on the form is 4 years after the closing on the house. All of the rest of the documentation...affadavits, etc list my ex husband was the person obligated to the mortgage, etc. I filed a motion to strike evidence, another motion to dismiss summary judgement ....and I seem to have thrown a monkey wrench into the process....for now.

 

While I ultimately plan to file BK7 at some point in the future and will just include the mortgage companies to cover my rearend, I am going to make them jump through hoops for as long as possible...or until I have some sort of guarantee that I will not be responsible for the deficiency balance(180k+). I no longer live in the house, it is empty and the property preservation company has been cutting the lawn. It had mold issues before, there is now way anyone could live there now after being closed up in the FL heat for over a year.

[redskins13]

bump....after a long time away from these boards!! Want to hear more about "..through hoops"...

 

in PA only BK13 will stop sheriff sale. cost $1000-2000 from any lawyer. Wait, i wanted info...

 

I still live in the house Dear Ex-wife who is now DW again after 6 years and I are back together, with our daughter, in MY house bought on 80/20 from WF in 06/2006 at 8.75% and 12.875%, respectively, and ARMs.....I mean of course, I was a finance major, it all makes sense ;-) .

 

Haven't made a payment in year or two since they wouldn't let me even when I was current.

 

Have stalled foreclosure close to 3-4 years now originally w/ CH13 Bankruptcy then loan modification, then just time from general "jamming of system" (due to collapse of system) till I rec'd my new ACT 91 NOTICE of foreclosure year or so ago and was served by the sheriff and such, forestalled that, they actually withdrew their complaint (stopped foreclosure), and RE-FILED for foreclosure with a MUCH more "detailed" suit after I filed "answers" at last moment per Pro-bono atty's from the County I had assistance from (I wrote, they loved, I filed with prothonotary), WF came back with a 2" stack of not really any evidence, but reports and loan docs and print-outs (dot-matrix) nonetheless, as exhibits....and ultimately a "REQUEST FOR SUMMARY JUDGEMENT"

 

Well, evidently I had 30 days to respond to this I found out later (I called my atty at Day +33 and there's only so much he can do for free, I mean sure I was re-establishing my family and we all have our junk in life to deal with that seemed to all be happening at once -roof leak came back with Sandy, my car got hit parked out front on a wide street, the tow truck that hauled it sat its haunches right on top of the 100 year old culvert that runs next to my house and under the road so that broke and now floods the basement, etc., etc. you've all heard it. You'da told me to shut up in 2006 too!!! I don't recognize too many of the names, but I haven't looked around yet that much.

 

Hope you are all doing well. Did I even ask a question?

[sureynot]

The mortgage company already has a judgment against me. I am telling them that I want to keep the house, but that is probably not my best option because I am so far underwater on the mortgage. I have put off sending in the modification papers for the second time. They told me a sheriff's sale is scheduled for June.

 

How you you keep putting off having to leave your homes? I don't have any idea where we will go or whether we can figure out a way to own and not rent. I am filing BK, but my husband is not. I don't think he can qualify for a mortgage.

 

So much uncertainty. I wouldn't be a difficult if I didn't still have kids at home.

 

I would appreciate any suggestions.

[ICANHASMUNY?]

HI,

 

My home is in foreclosure. One of the documents included in the paperwork from the court is fraudulent. I don't know what it is, I didn't sign any documents pertaining to my home in that year. The signature has the incorrect last name for me for that year, and the cosigner is one of my children, who was a teen at the time.

 

On the second page of this document, the year is crossed out above the signature of the notary, and then changed to the following year.

 

I don't have any idea what this is. I don't have a second mortgage.

 

I have never asked any of my children to sign a legal document with me.

 

I was married on this date, so if it were a real document and I needed a cosigner, it would have been my husband.

 

There is no company name. It is not on letterhead.

 

What should I do?

 

Thank you

was a 2nd mortgage grantedor any other credit extended based on that paperwork?

 

file an ID theft affidavit based on that information for your self and on behalf of your child.

 

file a motion to strike it as a fraudulent document.

 

it's 'mortgage fraud"

 

http://online.wsj.com/article/SB105891574215674700.html

 

 

http://www.bankrate.com/finance/home-equity/id-thieves-target-home-equity-lines-1.aspx