Question by boricua_2290: what would happend to someone who sign someones name to get a home refinance?
my husband brother in law sign a document for a home, my husband did sign the first loan, but then the deal with the business home group went bad for them and they decided to refinance but this time without telling my husband, in the new loan documents it says that whoever sign the borrower wich is my husband show proper ID and this is a lie because my husband didnt sign anything this time.. the borrower had 11 thousand dollars at closing wich is another lie we didnt get any money.. can we go after this loan mortgage company? should have they check to see if the person who sign the documents was really my husband? when the documents says that the borrrower showed proper ID only it wasn’t my husband who sign? do we hve acase of forgery? do we have a case at all?
Best answer:
Answer by Michelle
You need to get a copy of the note and grant deed. They should each be notarized and the notary will keep a book with signatures, i.d. verification and your husband’s right thumb print. The only way to verify who signed it is to verify the thumb print used.
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YES all documents must be signed and it is notorized i could not see why the title company would not check
It is a federal crime and prison time might be likely. Contact the FBI, yes FBI as they have violated many federal regulations!
Your first step would be to contact a local title company and request a property profile on this property. This is free to the public and will give you some of the information you will need:
I use Fidelity Title for this service, but you can pick one of your choice – ask for the following:
Property profile along with transaction history recorded in the last 6 months. You will need to provide the address of the property along with any owners on title (this will help the title company to search the property).
After you obtain this information go to your local recorders office as do the following:
You need to get a copy of the recorded Deed of Trust and Grant Deed removing your husbands name from title. This document will be recorded in the county in which the property is located. The property profile from the title company helps to show the documents recorded on the property (part of the transaction history) so the recorders office can locate the documents you are requesting.
Please note this:
In order to have your husbands name removed from title his name would have to be notarized by a notary public. This would be a grant deed (removing his name and keep the other people on the property). A notary public is required to notarize his signature (properly identitfy him by drivers license, passport, etc.) and put a thumb print in the notary journal (this is a book the notary public needs to keep at all times). If a notary public were to obtain fradulent documents or identifications to notarize any document – you can bring up criminal charges to the notary public.
Get a copy of those recorded documents and go from there. You can file a complaint againt a notary public through this website:
http://www.sos.ca.gov/business/notary/notary.htm
If the loan agent that handled this loan transaction is licensed by the department of real estate or even the licensed broker (loan office) did fradulent activity report it here:
http://www.dre.ca.gov/
I hope this information helps, best of luck to you.