Foreclosure in Sterling>Question Details

Need Advice, Home Owner in Sterling, VA

my wife who has forged my signature on loan modification papers my name is only on the mortgate and hers on the deed with me. what should i do?

Asked by Need Advice, Sterling, VA Wed Nov 30, 2011

we have been separated since February of 2010 and i have stayed in california. she decided to file for modification of the loan of the house while no payment was made on the house since march 2010 the house is in foreclosure status. only my name is on the mortgage and her name along with mine on the deed. she has also wrote a statement from me to give her the authorization to speak to the mortgage company and has signed my name on that as well. She has called the police on me last february falsely accusing me of assault and battery on her and kicked me out of the home which this case was dropped in court back in March of 2010. this lady is holding on to all my belongings and her divorce attorney is not responding to my attorney to settle and come to an agreement to get my personal belongings. should I report her fraudulent act to the authorities? please help

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You need to speak to an attorney immediately. A Realtor® can not provide legal advise and any attempt to do so is a clear violation of the Code of Ethics.
4 votes Thank Flag Link Thu Dec 1, 2011
I'm in the same boat. My Ex. has resided in the home that has both our names on the Bank Loan. He asked for and obtained a Modification and Forged my signature on the documents. I contacted the bank and advised them of this and also contacted and reported this to the Police Dept. Both are doing an investigation. This is as I've been told to be Property Fraud as well as Forgery. Suggest you report your situation to both the bank and the Police Dept.
0 votes Thank Flag Link Tue Aug 27, 2013
Report her to the FBI, they take mortgage fraud very seriously. It could solve your relationship problems permanently.
0 votes Thank Flag Link Thu Dec 1, 2011
Cindy said it best in her response - contact a lawyer and no real estate agent/broker without a law degree should be giving you legal advice.

Danilo Bogdanovic
Real Estate Constultant/REALTOR(r)
0 votes Thank Flag Link Thu Dec 1, 2011
You do need to talk to your attorney about it but I'm sympathetic to the fact that it will cost you more money. What she did sounds like mortgage fraud, which is a crime. I'll give you some real world things to think about though that aren't legal advice. If you report her for fraud and the modification is stopped and the bank forecloses, you'll then have to deal with getting your things from the bank, if she doesn't take or destroy them in the process. I usually see a homeowner given about 30 days to remove their belongings from a home that has been foreclosed so under normal circumstances, getting your things after foreclosure would probably be an option. In this case though you need to think about what she'll do to them in the process.

I'm sure this is probably a pretty common type of fraud. Many banks now require the mortgagee to give verbal approval over the phone for a third party to discuss the mortgage. This bank obviously didn't do that. If you call the bank and tell them about the fraud, it will cut her off. Again though, if she has your belongings, who knows what she'll do to them when you report the fraud.

It sounds like you may have a pretty big stick over her. But, the reality is also that in the big picture of the mortgage mess the whole country is in, I'm not sure a whole lot would be done even if you did report her. Maybe her attorney will respond when you allege mortgage fraud. Just some things to think about for when you do talk to your attorney.
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0 votes Thank Flag Link Thu Dec 1, 2011
Dear Sir,

I am truly sorry to hear about your troubles. It sounds like it will be long and drawn out to get all the wrongs sorted through. Unfortunately, though, this is outside the scope of what we are trained on as real estate agents.

Wishing you the Best of Luck,
0 votes Thank Flag Link Wed Nov 30, 2011
Hello Need Advice,

Realtors can only offer advice and answer real estate related questions. For a legal advice regarding the loan modification, foreclosure, or your divorce you need to seek advice from a lawyer/lawyers.

Good Luck
0 votes Thank Flag Link Wed Nov 30, 2011
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