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  1. #1
    Join Date
    Apr 2011
    Location
    North Miami Beach
    Posts
    71

    Default Ex-Spouse Forged My Signature on Loan Modification Documents

    My question involves a mortgage in the state of: New Jersey

    Good evening.

    On June 10, 2011 my divorce from my ex wife was finalized. As part of the decree my wife was to take the house & as part of her taking the house she was to refi the mortgage and get my name off the title with in 18 months.

    On November 15, 2011 I relocated to Miami.

    I had very limited contact with my ex since then but I never heard anything about the mortgage nor did she ever ask me for money. I am paying child support against $3500.00 in monthly mortgage expenses.

    Last month I was served at my house in Ft. Lauderdale with foreclosure paperwork for the house in NJ. As it turns out my ex hadn't paid the mortgage since the day before the divorce was finalized which I found out from the law firm handling the case. The firm did tell me that my wife was attempting a loan modification.

    I realize my wife not taking my name off the house as was the order isn't the mortgage companies problem & will still be on the hook going forward due to my ex's negligence.

    I have a 12 year old daughter with the ex & the ex & my estranged parents do everything to keep her away from me.

    Still not hearing anything about what's going on with the house I called the law firm again today. I was informed that my wife had received a trial modification where if she makes the payments for 6 months they'll make it permanent.

    I then asked the para legal how she got the modification if my name is still on the deed, the house was obviously never refi'ed & I was the primary signer on the house. She informed me the modification was being handled by Caliber Home Loans & I should inquire with them on the details.

    I then called Caliber, who I have never dealt with nor have I ever heard of them. They have an automated switch board when you call their 800 number that requests the "loan customers" social security number to gain access.

    Well I entered my SS# and it pulled up the loan mod account & gave me all the options a loan customer would have. (make payment, balance, ect) I then chose to speak to a rep. When the rep picked up I asked what the status was of this property as I received the foreclosure last month after thinking my name was off everything and now I'm seeing my SS# is attached to the loan modification & how this could happen if I never signed anything regarding the house since the divorce decree.

    At first the rep thought if my ex was awarded the house in the divorce that she didn't need my signature. I made it very clear to her what was in the decree regarding my name coming of the deed & the mortgage.

    She asked me to hold for a manager so they can pull the file to see if that was the case or if my signature was required. She put me on hold and came back 5 minutes later and said they needed to look into this a bit and could a hold for a bit more. I told her to take her time and I'd hold.

    She came back on 35 minutes later with a very serious tone of voice. She asked me, "Are you saying for sure you never signed a modification with us"?

    I told her, "Yes" and she asked me again if I was sure & i told her "Yes".

    She said, "Someone forged your name then. You're right. You're name is still on the house and mortgage & your signature was required".

    She then informed the the manager was turning the modification over to the fraud department. She asked me for a number the fraud department could reach me at because they were going to need to speak with me.

    I asked her what was going to happen now and she said it'd be better discussed with Fraud.

    I'm not concerned with the house or money as I've moved on with my life in Florida. What I am concerned about is if ex, and my father, who actually forged my signature the modification are on the hook criminally & can they be prosecuted over a modification and what they could be facing.

    I expect the fraud department to call tomorrow based on the seriousness of the para legal after they discovered the signature. I'll find out then if he had to present ID in my name when they forged the paperwork to prove identity. At this time I don't know if this was done in an office somewhere or by mail somehow.

    Any answers will be greatly appreciated as I have to make a decision if my ex is arrested for this to file for custody of my daughter.

    Thank you.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex Wife and Estranged Father Forged My Signature on Loan Modification

    Your credit is going to take a serious hit. The house WILL end up foreclosed upon since you just killed the loan modification. I do not know if this will result in any criminal prosecution or whether it will be treated as a civil matter.

    Your ex will never be able to refi the house now.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Spouse Forged My Signature on Loan Modification Documents

    Quote Quoting ollie
    View Post
    On June 10, 2011 my divorce from my ex wife was finalized. As part of the decree my wife was to take the house & as part of her taking the house she was to refi the mortgage and get my name off the title with in 18 months.... I realize my wife not taking my name off the house as was the order isn't the mortgage companies problem & will still be on the hook going forward due to my ex's negligence.
    You, yourself, have to exercise due diligence. You should have followed up to make sure that the home was refinanced, and could have taken your ex- back to court had you discovered that it had not been refinanced by the agreed deadline.
    Quote Quoting ollie
    What I am concerned about is if ex, and my father, who actually forged my signature the modification are on the hook criminally & can they be prosecuted over a modification and what they could be facing.
    How do you know that your father forged your signature?

    If the matter is reported to the police, they will investigate the allegations to determine what evidence is available of criminal conduct and, if the evidence warrants it, make a referral of the case to the prosecutor's office.

  4. #4
    Join Date
    Apr 2011
    Location
    North Miami Beach
    Posts
    71

    Default Re: Ex-Spouse Forged My Signature on Loan Modification Documents

    Quote Quoting Mr. Knowitall
    View Post
    You, yourself, have to exercise due diligence. You should have followed up to make sure that the home was refinanced, and could have taken your ex- back to court had you discovered that it had not been refinanced by the agreed deadline.
    Yes I realize that. I just wanted to get away from her.

    Quote Quoting Mr. knowitall
    How do you know that your father forged your signature?

    If the matter is reported to the police, they will investigate the allegations to determine what evidence is available of criminal conduct and, if the evidence warrants it, make a referral of the case to the prosecutor's office.
    Based on the past relationship I've had with my parents. He's forged my name before, called agency's as me using my personal information. I will know for sure today when I see the signature.

  5. #5
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Ex-Spouse Forged My Signature on Loan Modification Documents

    Lots of room for debate as to facts or missing facts..as posted the EX did get it refinanced...at least for a while Reads as if EX has rather unclean hands ..while impossibility to perform is often a good defense ..Im not so sure its a good on with dirty hands and the fact that you did seem to perform and then dropped the ball again.

    If Dads wants to bail out daughter to refinance you might be smart to focus on same and not the unknown forger.

  6. #6
    Join Date
    Apr 2011
    Location
    North Miami Beach
    Posts
    71

    Default Re: Ex-Spouse Forged My Signature on Loan Modification Documents

    Let me clarify then. I was never unreachable. She's had my numbers & known exactly where I've been living the entire time. She did this so she wouldn't have to ask me because she's been keeping my daughter from contacting me at all costs which is a family court matter. But she probably did this so I couldn't make my contact with daughter a condition of my signature. There are deeper issues here involving my ex & family and this has been a 5 issue with in the family courts. There are hundreds of unanswered phone calls that are documented from me to her. She could have dealt with this issue with me at any time.

    I didn't want her to lose the house however, this isn't the first time my family has taken liberties with my identity.

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Ex-Spouse Forged My Signature on Loan Modification Documents

    And, through inaction, you've let it all happen.

    If you aren't prepared to go scorched with all this nothing changes and you lose the house and never see your daughter again.

    In the last 4 years you could have enforced visitation and the house issue had you paid attention to what was happening.

    Now you have an opportunity.

    Call the authorities in NJ and report the forgery. Follow up with them and the fraud department of the mortgage company frequently. File in court to enforce visitation.

    As for "never unreachable" you moved over 1000 miles away from your daughter. You might as well have moved to another planet. It was never up to them to reach you.

  8. #8
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Ex-Spouse Forged My Signature on Loan Modification Documents

    Sufficiently complex that you need NJ counsel like NOW. The social drama is NOT what counts.

    There may be some technical issues as to proceeding with foreclosure if you were not on notice of same ...and that requires a lawyer skilled at RE issues . It's a big can of very technical points...Ive been there and so has my attorney.....

    Caution..do not threaten to turn anybody over to law enforcement is they don't do X,Y,Z ...not at least WO prior counsel.....if you get into extortion you could be in BIG trouble..and you seem to be headed that way as to forgery .....

  9. #9
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex-Spouse Forged My Signature on Loan Modification Documents

    Quote Quoting ollie
    View Post
    Let me clarify then. I was never unreachable. She's had my numbers & known exactly where I've been living the entire time. She did this so she wouldn't have to ask me because she's been keeping my daughter from contacting me at all costs which is a family court matter. But she probably did this so I couldn't make my contact with daughter a condition of my signature. There are deeper issues here involving my ex & family and this has been a 5 issue with in the family courts. There are hundreds of unanswered phone calls that are documented from me to her. She could have dealt with this issue with me at any time.

    I didn't want her to lose the house however, this isn't the first time my family has taken liberties with my identity.
    Please do not misunderstand me or think that I do not think that your ex and your father should suffer the consequences of their actions.

    However, by your inactions originally, and your actions now, you have guaranteed that the house is lost, and that you will both suffer the consequences of a foreclosure on your credit records. I hope that, for your sake not hers, that the consequences for you and your children (not her or your father) do not end up being worse than they would have been otherwise.

  10. #10
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Ex-Spouse Forged My Signature on Loan Modification Documents

    You need a serious wake up call...NJ Has multiple ways for the lender to dump a deficiency on your doorstep, even if the divorce order says otherwise , and the lender is not a party to your divorce ! And even if your order has a hold harmless that may be worth its strength in wet toilet paper if the EX doesn't have resources.

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