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Old 08-31-2009, 07:34 PM
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Join Date: Aug 2009
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Do I have a civil case?

I'm actually asking this question on my friend's behalf. Her estranged husband, being an employee of a bank, forged her signature in order to obtain a second mortgage on their home (both of their names are on the deed). The notary, being a friend of his, did not require to see her sign the document but rather accepted his word that his wife signed the papers. My friend just found out what happened due to the recent foreclosure on their house since he has not made a mortgage payment in the last year. She now has had to take money out of her 401k to fix the home up to try to salvage what little bit she can get out of it. Her real estate agent said she will only be getting about 15k from the sale instead of over 100k which she was planning to use for her sons' education. I know she has a criminal case, but is there a civil case there as well? Can she sue the bank or just her husband? Any help would be appreciated.
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Old 09-07-2009, 10:00 AM
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Lawsuits are based on what you can PROVE.

It's going to be hard to prove she knew nothing about a second mortgage on the home for that length of time---since she "signed" (i.e. forged) the bank would be sending her documents, statements, etc. Proving he forged the documents and proving she knew nothing at all whatsoever about this sudden amount of money for a year is going to be difficult.

IF she could prove all of that (in particular since the notary will undoubtely "swear" she appeared before him in person, that doesn't mean she will win any money. Against whom? The ex? She may win a lawsuit or obtain a judgment, but it may be shooting herself in the foot, especially if she intends to collect child support or alimony from the same guy.

And, with the market like it is, it would be nigh impossible to prove that they would have made 100K on the house instead of a mere 15K. People are losing houses left and right without making a dime, and are, in fact, losing thousands. Suing for the difference would mean proving the house would have sold for thousands more---something impossible to do without having, say, a signed contract, appraisal, etc. The courts will also point out to protect herself she should have(during the divorce) signed a quit claim deed and required him to refinance in his own name alone, or sell the house, dividing the profits. Since they are not divorced yet, it is, sadly, a most unfortunate case. Proving any of it, criminal OR civil is going to be a long shot in my opinion.
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