Mortgage fraud - house sold with forged signatures and forged deed was notarized!!!!

[Lynn Johnson]

What is the name of your state? Texas

My husband and I were victims of mortgage fraud. A mortgage broker forged our signatures, sold our house to another individual without his knowledge (he since had to file bankruptcy because she used his credit to purchase additional properties), then a title company notarized the badly forged misspelled signatures on the title and deed to our house.

The title company employer has admitted that he was in "a hurry" and did not verify identifications or lay eyes on any persons who claimed to be us. There is absolutely no argument that my husband and I DID NOT sign or appear in person at any closing! That is not in dispute.

What responsibilty does the title company owe to us for allowing them to close on our house without our knowledge or cooperation? Does a title company have an insurance policy or anything monetary to give an individual when they failed to do the very one thing that they are supposed to do and that is to close on a house properly and lawfully? Had they have done their job, this entire situation may have been avoided.

Thank you for ANY opinions or information!!!

[LindaP777]

Holy cow! Hire an attorney, like yesterday!

[panzertanker]

Originally Posted by LindaP777

Holy cow! Hire an attorney, like yesterday!

I am smacking my head in wonderment....
It amazes me that you had to say it Linda, but unfortunately you did.
People are peculiar...

[FlyingRon]

Holy cow is right. You'll need a lawyer.

I would get the police involved and also notify the Texas secretary of state about the notary improprieties.

[seniorjudge]

Q: What responsibilty does the title company owe to us for allowing them to close on our house without our knowledge or cooperation?

A: 100% liability.


Q: Does a title company have an insurance policy or anything monetary to give an individual when they failed to do the very one thing that they are supposed to do and that is to close on a house properly and lawfully?

A: Yes; the title company has errors and omissions insurance.




These answers are based on the assumption that your statement of the facts is 100% correct.

As the others said, get a lawyer.

[nextwife]

The escrow activities of agents should be the responsibility of their E&O carrier. If the title office is a direct underwriter/branch of underwriter, then the underwriter themselves would have liability and should be working with you to make you "whole" for your loss, if they choose to not use their E&O.

All regulatory bodies should be notifies, especially the licensing body for the mortgage broker, the police, etc.

[nextwife]

Oh yeah, the loss is the buyer's, not yours. Defend your ownership - they bought under a fraudulant conveyance so it is THEY who do NOT have good title.