can bank foreclose with forged original papers?

Asked by Giboshi, 68048 Wed Jan 12, 2011

My house was built on lot 33 with an adjoining lot 34. I refinanced the loan with GMAC to include ONLY lot 33 with the house. Lot 34 was to be sold in the near future. The mortgage contract as signed by myself, was recorded with CASS County Registration of Deeds. All mortgage payments were paid on time as per agreement until two years into the mortgage. I wanted to sell lot 34 to help finance a new home in Colorado. To my dismay, I could not sell lot 34 because GMAC added lot 34 (hand written)to the original contract and re-filed the mortgage contract and the warranty deed with CASS County Registration of Deeds. THEY USED THE ORIGINAL AGREEMENT TO MAKE A HAND WRITTEN ADDITION OF LOT 34, NO NEW SIGNATURES OR DATES – A CLEAR FORGERY.
I contacted GMAC but kept getting stalled –after several months I withheld payments to force the isue. Finally had to hire a lawyer. GMA returned lot 34 to me clear 2 years later. Now GMAC wants to foreclose with these twice forged original papers.

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Corey Sprague…, Agent, Milton, MA
Wed Jan 12, 2011
Set your attorney loose. Make sure they specialize in such matters and that you have all your documentation lined up and organized. Good luck!
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Dan Tabit, Agent, Issaquah, WA
Wed Jan 12, 2011
You will need legal assistance with this. Gather all of the papers you signed at the time of the refinance and copies of the new deed with the addition. Find a local attorney who is working on similar issues to help. No one short of a judge with all the evidence may be able to answer you, but if foreclosure has started you need to get this going immediately.
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