Home Selling in Largo>Question Details

Julie, Home Seller in Largo, FL

My ex has forged my signature on a contract adendum for a short sale on our house.what can i do?

Asked by Julie, Largo, FL Mon Aug 11, 2008

My house was in the forclosure process he found a buyer but i refused to sign the contract. Can they still close without me signing? or what if he get someone to sign for me at closing? what can i do legally?

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Answers

16
I agree with all the previous answers but have a question. How is it that you still own property with an EX-husband. Wasn't the property disbursed in the divorce decree?

Good luck--hope it all works out well.

Louise Warring
Coldwell Banker Residential Real Estate
1 vote Thank Flag Link Mon Aug 11, 2008
Hello Julie. I think it's imperative for you to seek legal advise immediately. Not knowing your particular situation, I don't know what the disadvantages of a short sale are compared to a foreclosure. I'd recommend you consult with tax professional if you have not already done so.

I see two very different issues here. First, of course, the alleged forgery by your ex-husband. Undoubtedly, that's wrong. Second, your refusal to sign the short sale contract. Why do you think that a foreclosure is better for you and/or your ex-husband than a short sale? What did your divorce decree provide in regards to the disposition of the house? Was it assigned to either of you or ordered sold? You may want to check with your divorce attorney to see if there is a chance that you might also be in the wrong by refusing to cooperate with the short sale. Please don't take this the wrong way. I am not accusing you of wrongdoing. I just think you should double check to make sure that forcing the foreclosure is not going to rear its ugly head later. Good luck to you.
1 vote Thank Flag Link Mon Aug 11, 2008
Ute Ferdig -…, Real Estate Pro in Newcastle, CA
MVP'08
Contact
In Florida both spouses must sign the Purchase Contract and Warranty Deed. The settlement agent at closing must verify and attest to the identies of the signatories on the Warranty Deed and related documents. Without both spouses' signatures: no closing.

Should one spouse forge the signature of the other spouse, and somehow convince the settlement agent to verify the forged signature, then both would be open to criminal charges.
1 vote Thank Flag Link Mon Aug 11, 2008
Contact a Real Estate attorney immediately. Regarding the forgery of signature: In California all signatures are notarized so that the identity of each signer is verified. If in fact your spouse has sold the house without your signature you have a strong legal case.
0 votes Thank Flag Link Sat Oct 18, 2014
I rent a house and the landlord has decided not to pay taxes anymore it is going into foreclosure,the cant sell it to me because there are 4 people on the deed and 2 are no where to be found. I want to buy the house what can i do?
0 votes Thank Flag Link Fri Oct 17, 2014
If it was you primary,and it was not in your divorce settlement or were you married? I dont think they will be able to close without your signature-they can sign all the papers they want until they are peachy keen happy,but they will need your id and your signature to close if you are on the mortgage. I was in a divorce and closed on an investment house without my husbands signature. If you close and pay off the mortgage you dont need the others signature-i think thats on investment property... why in a foreclosure you wont probably be gaining anything from it so why bother.Call the bank that holds your mortgage and ask if you are on the authorization and ask if they can put a passcode that needs to be given before any information is given out and they will all be screwed:)
Karen Young
Charles Rutenberg Realty
727-455-2993
Come to me for all your worrisome and happy real estate needs!
0 votes Thank Flag Link Thu Feb 14, 2013
This issue may be Moot..... You could bring the mortgage current, press charges of forgery, or just move on.
0 votes Thank Flag Link Mon Feb 8, 2010
This appears to be a moot issue; as, this question is dated August 11, 2008, one and one half years ago....
0 votes Thank Flag Link Mon Feb 8, 2010
I don't mean to be abrupt - But CALL A LAWYER. That is the only answer to your question in this forum. As soon as anyone says that someone forged their signature on a contract then that person should be looking in the yellow pages, asking a good friend for a referral or going to legal aide but definitely looking for an attorney and not a realtor. AND DO IT IMMEDIATELY. Don't ask a realtor about the law - ask a lawyer.

Does anyone know what Julie actually did last August?
0 votes Thank Flag Link Mon Feb 8, 2010
Something more just occurred to me. If this person is your ex-spouse, you are not a married couple. You are likely tenants in common, and both signatures should be required in order to sell the property, unless he has powers of attorney. Get a good lawyer and pronto.
0 votes Thank Flag Link Mon Feb 8, 2010
Only if this property is your primary residence, are both husband and wife's signatures required. Otherwise, either spouse can sign on behalf of the other. If signatures are forged, there is fraud and that is a criminal matter. The first thing you should do is get off the message board and hire an attorney -- send your ex the the bill.
0 votes Thank Flag Link Mon Feb 8, 2010
Get legal advice. In the meantime, you should write the lender to let them know it is NOT your signature and that you did not sign. Find the title company, fax them or write them (get this in writing) that you did not sign the contract. Seek the advice of an attorney asap.

Regards,

Carol Claudon
CENTURY 21 Top Sales
carol@claudon.cc
0 votes Thank Flag Link Mon Feb 8, 2010
Get an attorney. You need legal advice not real estate avice.
0 votes Thank Flag Link Mon Aug 25, 2008
That is a complicated situation and certainly requires competent legal advice. Forgery is a felony. Usually (always) closing documents are signed and notarized. If someone other than yourself were to sign on your behalf, other crimes and people would need to be involved.
0 votes Thank Flag Link Sun Aug 24, 2008
Hi Julie,

Florida Bar is offering free legal advice to homeowners who are trying to avoid foreclosure. Call them if you want to see if there is a way for you to keep the house:

866.607.2187

If you want to hurt your former spouse's credit and don't care about your own credit, go ahead and let the bank foreclose. As previously mentioned, the title company cannot legally close the sale without your signature--unless there is a court order from your divorce. Check your divorce settlement agreement.

Good luck!
0 votes Thank Flag Link Sun Aug 24, 2008
The title company will insist on identification and signatures of all parties on the closing papers. You might, however, want to consult an attorney to make sure you have all bases covered. A little CYA now can go a long way down the road. And, Forgery is a crime!!
Web Reference: http://www.MykeTriebold.com
0 votes Thank Flag Link Mon Aug 11, 2008
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