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My ex-husband forged my signature on a loan modification document. He and one person from the mortgage company insist I am not on the mortgage which I know I am not but I am listed as a borrower on the modification. He was not approved for another modification or refinancing which I was told is the only way I will no longer be listed as a borrower. I did my part with the quit claim deed and then discovered this. I do not like nor want my name attached to anything dealing with the house. Do I have any legal avenues to pursue as far as the forged signature and how would this affect the mortgage?

Asked on June 16, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can bring a lawsuit for a declartory judgment (a court determination) that you are not on the modification and a court order that the modification be voided, since it is the product of fraud (and also identity theft). You legally cannot be added to an agreement, made responsible for a loan, etc. without your consent, and any attempt to do so is void. However, the way the legal system works, you have to enforce your rights via a lawsuit--no one enforces them for you. As long as you are suing over this, you should also sue for compensation--e.g. the costs you incur due to this forgery (like the legal fees). 
If the modication is voided, the original mortgage should be reinstated.


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