A forged home loan document isn’t just an inconvenience.
It’s a ticking time bomb that could go off at any moment.
If you suspect that someone tampered with the mortgage loan or other loan documents on your house, an experienced Fort Lauderdale foreclosure attorney can help you defuse the situation before it’s too late.
How Forged or Altered Signatures Appear in Mortgage and Loan Documents
Many different scenarios could result in forged or altered signatures appearing on a mortgage document.
For example, a mortgage servicer might have lost the original document and created a facsimile as a substitute, possibly while selling the mortgage to another lender.
Alternatively, fraudsters might forge a mortgage document with the deliberate intent to use it to take ownership of the property.
Why Forged Loan Documents Can Lead to Wrongful Foreclosure in Fort Lauderdale
Forged loan documents can make it seem as if a mortgage servicer has the right to foreclose on a property when it actually does not.
Forged or altered documents may convince courts or judicial officers that a mortgage servicer holds a valid mortgage and that the homeowner has defaulted on that mortgage.
Florida Laws Protecting Homeowners from Mortgage Document Fraud
A Florida Supreme Court ruling in 2010 held that lenders or mortgage servicers must have all necessary documentation and verify that documentation’s authenticity before beginning foreclosure proceedings.
This requirement protects against mortgage companies’ efforts to recreate missing documents by using forged or altered paperwork.
Violation of this requirement can result in a foreclosure case being dismissed or a foreclosure sale invalidated. Servicers may also face penalties for attempting to perpetrate a fraud on the court by using altered mortgage paperwork.
Steps Homeowners Should Take When Suspecting Forgery
When you suspect that a mortgage company has presented forged documents in a foreclosure case, you can protect yourself by:
- Gathering copies of the mortgage documents you have on hand relating to real estate transactions
- Keeping all correspondence from the mortgage company, including any loan modifications
- Obtaining certified copies of deeds from the county office
- Contacting a foreclosure attorney as soon as possible
Legal Remedies Available Through a Fort Lauderdale Foreclosure Attorney
A foreclosure attorney can investigate the situation to find evidence suggesting that the mortgage company forged or altered the documents it presented.
To aid them in this process, they might work with computer forensic analysts to show improper alteration of electronic records.
How Bankruptcy Can Protect Homeowners in Cases of Fraudulent Loan Documents
Are fraudulent loan documents putting your home at risk?
If so, filing for bankruptcy can provide you with the protection of the automatic stay, which prohibits creditors (including mortgage companies) from attempting to collect on your debts, including by initiating or pursuing foreclosure, until the bankruptcy case ends or a creditor obtains relief from the bankruptcy stay.
A foreclosure defense attorney or bankruptcy lawyer can explain more about your options for delaying the foreclosure process.
When Fort Lauderdale Homeowners May Be Entitled to Damages or Title Correction
Homeowners may have the right to pursue financial relief or other remedies when a servicer or lender knowingly or intentionally presents false documents to pursue foreclosure.
These remedies can include reimbursement for legal costs incurred to defend against the foreclosure or regain possession of their property.
Contact Our Loan Lawyers to Learn More
Do you suspect someone has tampered with your mortgage documents?
If so, contact Loan Lawyers today for a free, no-obligation half-hour consultation with a Fort Lauderdale mortgage fraud lawyer to discuss your legal options.
- About the Author
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Matis Abarbanel is the founding partner and senior attorney at Loan Lawyers in South Florida. He focuses his practice on consumer rights, helping homeowners navigate issues such as foreclosure and financial hardship. Matis also brings a wealth of experience from his previous work in personal injury law. As a devout Chasidic Jew, he is committed to making a positive impact in his community and dedicates his efforts to charitable initiatives through his non-profit organization, The Center, which aids at-risk Jewish youth. Matis actively serves clients across South Florida and is passionate about empowering individuals to secure their rights and achieve a better future.
