What is my next step to get my name off the mortgage

UPDATED: Oct 1, 2022

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What is my next step to get my name off the mortgage

I had my ex girlfriend aressted for forging my name on a loan
modification which she admitted to the detective

Asked on December 27, 2017 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are talking about getting your name off this fraudulent loan modification, you are not liable or responsible for any loan (or contract) which you did not agree to, so there is no legal basis to keep you on it. The issue is just getting the change made. You need to provide evidence (like the arrest report) to the lender plus an affidavit (statement signed by you in which you certify that everything is true) stating that you never signed and did not authorize anyone to sign for you, did not agree to the modification, and wish your name off the loan. You may also need some other forms or documents, or need something notarized: call the lender, explain the situation, state you have the arrest report (you can get this from the police) and an affidavit, and ask the procedure to get your name removed, what else you might need, and who to send it to.
If they will cooperate, get them what they need and ask they send you proof you were removed. If they won't cooperate, you will have to file a lawsuit seeking a court order that they remove you from the loan.  A court has the power to order this. If you you need to do that, you are strongly urged to have a lawyer help you--seeking a court order is much more complex than, say, suing someone in small claims court over an unpaid bill or invoice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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