What is the name of your state (only U.S. law)? Florida
Writing this on behalf of a friend who is in a potential predicament.
Julie entered a contract on a house construction in 2004 in Florida and made the down payment. Her roommate Mark agreed to join her. The house was built.
In the meantime, Julie met somebody out of state and moved away. Mark agreed to take over the contract and his name is on the mortgage. Both names were on the deed. Julie was married briefly out of state, but it didn't work out (physically abusive relationship) and Julie moved into the property in Florida with Mark, and they have been living in the house ever since, as roommates. Mark never paid back Julie for the down payment.
A few weeks ago, she found out that there was a Quit Claim Deed placed on the property when Mark refinanced his mortgage when she was gone in 2006. The document is notarized with two witnesses. Both appear to be employees with the mortgage/title company.
It has her signature on it, but she's 100 percent sure she didn't sign it. It doesn't look like her handwriting, and the kicker is that it uses her married name. Julie was married so briefly that she never took on that name, and never even had a driver's license or any identification made to that name. She said she would have never signed that name on a legal document, nor would have she ever knowingly signed away the deed. She never had access to the marriage certificate (which is a whole other story altogether) which would show her with that married name.
The document does have her given name on it as FKA (which I assume stands for “formerly known as”).
Mark has admitted to her that he did it. Now she needs to protect herself and the equity she has in the property from her initial down payment. Mark has made overtures that he wishes to sell the home. The Quit Claim Deed appears to be at best filled with errors, and at worst a fraud.
We're looking for answers on what to do next. Thanks.
Writing this on behalf of a friend who is in a potential predicament.
Julie entered a contract on a house construction in 2004 in Florida and made the down payment. Her roommate Mark agreed to join her. The house was built.
In the meantime, Julie met somebody out of state and moved away. Mark agreed to take over the contract and his name is on the mortgage. Both names were on the deed. Julie was married briefly out of state, but it didn't work out (physically abusive relationship) and Julie moved into the property in Florida with Mark, and they have been living in the house ever since, as roommates. Mark never paid back Julie for the down payment.
A few weeks ago, she found out that there was a Quit Claim Deed placed on the property when Mark refinanced his mortgage when she was gone in 2006. The document is notarized with two witnesses. Both appear to be employees with the mortgage/title company.
It has her signature on it, but she's 100 percent sure she didn't sign it. It doesn't look like her handwriting, and the kicker is that it uses her married name. Julie was married so briefly that she never took on that name, and never even had a driver's license or any identification made to that name. She said she would have never signed that name on a legal document, nor would have she ever knowingly signed away the deed. She never had access to the marriage certificate (which is a whole other story altogether) which would show her with that married name.
The document does have her given name on it as FKA (which I assume stands for “formerly known as”).
Mark has admitted to her that he did it. Now she needs to protect herself and the equity she has in the property from her initial down payment. Mark has made overtures that he wishes to sell the home. The Quit Claim Deed appears to be at best filled with errors, and at worst a fraud.
We're looking for answers on what to do next. Thanks.
