Forgery

[ellenrose]

My ex-husband and I own a house together and he is living in it. He recently changed the loan by having the payment amount drawn out of his own bank account rather than our joint account and is now paying just the interest. The house is for sale so I'm not that worried about the principal not being payed right now. He didn't tell me he was going to make changes to the loan agreement or even ask me if I was alright. What I am concerned about is that he forged my name on the document. I'm wondering if he's forged my name on anything else. Can he legally do this; and if not, do I have any recourse?

 

[calalily]

No; He cannot legally cannot do this. Contact the bank/mortage company manager and let him know your name is being forged and have them file a police report or see of you can file one on your own (but contact bank first). Check all your joint accounts (credit cards, etc...) by calling and asking for the manager/supervisor and tell him/her your situation and ask has anything been changed on those accounts that needs your signature and to send you a copy of those documents if they have been. Also check any accounts he may have access to account numbers even if they are not joint. Your credit info may be still listed on credit reports together if your divorce was recent.

 

[ellenrose]

I spoke with the mortgage company and told them my signature had been forged. They did fax me a copy of the document. They also told me that this document only required one signature, but he forged my name anyway. Does it make an difference if the mortgage company only required one signature? The point being, he forged my signature whether it was required or not.

 

[Duranie]

Were you on the deed of trust originally? I dont see how the mortgage company can require only 1 signature. Generally if you were on the house before he re-fied it, you would have to sign a quit claim, or sign this loan as well.

 

[ellenrose]

Our mortgage was set up so that we payed every two weeks, but it included the principal & interest and was drawn out of a joint account that we still have. I didn't close it when we divorced because at the time we both made deposits into the account to make the payments until the house sells. He didn't refinance the loan, he changed the way the payments are made. Now he's only making the interest payment and is having it drawn out of HIS bank account. I'm not making payments on the mortgage right now because he basically pushed me out of the house by moving his 1st wife and their son in. I just happen to check today to make sure the payment was made and found that things had been changed. The mortgage company told me my signature was on the document and faxed me a copy. Obviously it wasn't my signature since I had no idea he had made the changes.

 

[ellenrose]

I filed a police report regarding this forgery and got a message last night from the officer that took the report that he contacted my ex, but he wouldn't talk to him. The offcer said he was going to send it to the county attorney's office. Does anyone have any idea what the county attorney will do and is forgery a felony or misdimeanor?

 

[whistlingjack]

I filed a police report regarding this forgery and got a message last night from the officer that took the report that he contacted my ex, but he wouldn't talk to him. The offcer said he was going to send it to the county attorney's office. Does anyone have any idea what the county attorney will do and is forgery a felony or misdimeanor?

I am not an attorney but have worked in law enforcement for two decades. The forgery would probably be a criminal act but it's is not like a stolen check or credit card. It goes beyond the scope of routine forgery. The officer, who would do a great job of protecting your life isn't up to speed on this and simply wants an expert opinion. BTW, did you ever give your ex a power of attorney? If so have you rescinded it yet?