Mortgage signing question

[rottlvr2]

What, if anything, can be done if a notary lied about being present at our mortgage signing? Broker came to our house in the evening, had us sign the docs, said to not date them, which we didn't, and then had someone at his office notarize them the following day without ever seeing or meeting us.

This seems very shady a the least or illegal at the most.

 

[Theresagail]

Very Very Bad, Possible jail time -- that is a huge crime and that notary can be held personally liable-- very stupid

 

[Duranie]

That is notary fraud. You did not have to sign the docs though. You could have asked that the notary be present. I am surprised the mortgage officer was not a notary, many are especially the ones that make house calls.

 

[dee_dub]

What, if anything, can be done if a notary lied about being present

What is it you would like to be done?

 

[rottlvr2]

This happened on a refi two years ago. We were served with foreclosure docs last Friday and as I was looking thru them, I noticed and remembered that the dates were not my wife's or my handwriting and on the next page was the notary's stamp and signature. As we are in survival mode, I thought this could be somehow used as leverage to extend or delay the foreclosure process at the least, or possibly sue the broker and the notary at the most.

I didn't know at the time a notary had to be there and if I had known it was a very bad or illegal thing to do, I would have never signed at that time. I am not denying signing them, but if it is fraud, then something should be done or someone should be at least notified.

 

[dee_dub]

It might be fraud, but I can envision this being very difficult to prove, not least because you only bring it up now that it is to your benefit to do so.

If it indeed was fraud, the documents may be void - but I would be highly sceptical that a court would nullify a mortgage that you had been benefiting from for two years without giving the lender some recourse against you. By signing and having the mortgage notarized subsequently, you may have acquiesced in or ratified the act, and may be complicit in the fraud.

I'm also curious how you suffered any damages by this. You've had the benefit of the mortgage for the last two years. Even if it was fraud, and you were not complicit, how have you been harmed?

You are correct, the notary's governing body should be notified. You may wish to contact them to explain the situation and give them a chance to explain to you why what they did might not be fraud, and give them a chance to self-report before you do.

 

[rottlvr2]

I just want to do the right thing and start over. There are 5 children involved in this as well. I also don't want to be moving in the Chicago winter.

 

[dee_dub]

The right thing, IMHO, is to notify the notary, give them a chance to explain to you and to self-report, and then report it.

I'm not sure what "starting over" means in these circumstances. Nor how willing the lender would be to start over. They've already lent out a significant amount of money that was used to pay the vendor.

I see two ways to avoid having to move during the winter: 1) don't get foreclosed on, or 2) get foreclosed on but with a long redemption period.

I'm guessing that 1) would be better accomplished by attempting to get back in the lender's good graces instead of raising allegations the mortgage was fraudulent in the first place.

I don't know much about 2) where you are - where I am, 6 months is standard unless there's insufficient equity left in the house and the lender already stands to take a loss.

 

[rottlvr2]

We don't need to be in their good graces. We cannot afford the taxes on the house, that is why we are in this situation. Bad decisions that we have to live with. We had a small home, needed a bigger one, in comes a hot shot broker with smoke and mirrors and bam, we had two mortgages. we were able to rent it for awhile but had a slew of nonpaying renters so we filed bankruptcy to get rid of that house this year and we were trying to catch up with the escrow on this one. Litton told me not to worry and just keep paying the mortgage. that was on 11/4, on 12/12 they foreclosed on us.