Forged signature on a deed

[tertlefamily]

What is the name of your state? Colorado

What can be done to make a deed of trust valid when the signature of one of the sellers was forged? Also, does it matter if it was a forged signature or a forged POA?

[seniorjudge]

Originally Posted by tertlefamily

What is the name of your state? Colorado

What can be done to make a deed of trust valid when the signature of one of the sellers was forged? Also, does it matter if it was a forged signature or a forged POA?

Q: What can be done to make a deed of trust valid when the signature of one of the sellers was forged?

A: There are no sellers on a deed of trust; just the borrowers sign.



Q: Also, does it matter if it was a forged signature or a forged POA?

A: Yes, it matters. But you will have to give up facts details before we can answer your questions.

[tertlefamily]

I have a client who's loan went into foreclosure. The husband didn't know about it. The wife was hiding the details from him. She decides that the only way to save their home is to do a lease/buy back. She gets a real, notarized POA that doesn't have his true signature (a friend notarized it, not knowing it wasn't really his signature) and attends the closing, signing all the selling docs. She signs a lease for them and they are living at the property. He just found out about it and is horribly stressed about the deal. What are the legal ramifications for the wife if they come clean?

If they say nothing and just buy the house back, is there any legal recourse? The only ones who know about it are the wife, the husband and their counselor.

[seniorjudge]

Originally Posted by tertlefamily

I have a client who's loan went into foreclosure. The husband didn't know about it. The wife was hiding the details from him. She decides that the only way to save their home is to do a lease/buy back. She gets a real, notarized POA that doesn't have his true signature (a friend notarized it, not knowing it wasn't really his signature) and attends the closing, signing all the selling docs. She signs a lease for them and they are living at the property. He just found out about it and is horribly stressed about the deal. What are the legal ramifications for the wife if they come clean?

If they say nothing and just buy the house back, is there any legal recourse? The only ones who know about it are the wife, the husband and their counselor.

Q: What are the legal ramifications for the wife if they come clean?

A: The wife has committed a couple of different felonies...basically forgery. I doubt that any prosecutor would have much interest in something like this since (I hope) no one was vicitimized. A prosecutor may just call it "civil, not criminal" and let it go. On the other hand, there could be a gung-ho prosecutor who was up for re-election.



Q: If they say nothing and just buy the house back, is there any legal recourse?

A: If the lender gets his money back, then everyone will be happy. If not, the folks could lose the house and she could go to jail.



Actually, the situation you present is fairly common. I have seen it a lot.

Stand by for other opinions.

[tertlefamily]

The husband is the one who is extremely worried about this. Is he responsible for any part of her actions, or is he the innocent victim, the one who could press charges and send his wife to jail?

[seniorjudge]

Originally Posted by tertlefamily

The husband is the one who is extremely worried about this. Is he responsible for any part of her actions, or is he the innocent victim, the one who could press charges and send his wife to jail?

Without knowing all the facts, there is no way I could answer your questions.

[acmb05]

Originally Posted by tertlefamily

I have a client who's loan went into foreclosure. The husband didn't know about it. The wife was hiding the details from him. She decides that the only way to save their home is to do a lease/buy back. She gets a real, notarized POA that doesn't have his true signature (a friend notarized it, not knowing it wasn't really his signature) and attends the closing, signing all the selling docs. She signs a lease for them and they are living at the property. He just found out about it and is horribly stressed about the deal. What are the legal ramifications for the wife if they come clean?

If they say nothing and just buy the house back, is there any legal recourse? The only ones who know about it are the wife, the husband and their counselor.

Can't she get into serious trouble for this. A notary has to witness the signing of any document they notorize. Since she did not witness it but only went by what was told her she could lose her notary privelages among other things