Posted by Rich-CA on May 07, 2008 at 10:06:41:
I enough to be able to sign loan papers. She did note that the signature on the recorded documents was not hers. That’s where I jumped into either fraud or a POA. It does not have to be specific to a property if its general to all financial matters.
MORTGAGE CONTRACT - Posted by LINDA
Posted by LINDA on May 05, 2008 at 10:56:03:
WHEN MY HUSBAND REFI HIS HOME IN FL THE BROKER ASKED ME TO SIGN A NON-BORROWING SPOUSE AFF. AND A QUICK CLAIM DEED EVEN THOUGH I WAS NOT ON DEED. HE TOLD ME I WAS NOT ON NOTE NOR THE MORTGAGE WHEN WE CHECK THE RECORDED DOC ON FILE IN COURT HOUSE MY NAME WAS ON THE MORTGAGE AND THE ASSIGNMENT OF . I DID NOT SIGN THESE DOCUMENTS AND IT IS NOT ON COPIES OF LOAN DOC THAT WAS GIVEN AT CLOSING. THAT HAS CHANGES TO !! WHAT CAN I DO??
Re: MORTGAGE CONTRACT - Posted by River City
Posted by River City on May 05, 2008 at 17:12:00:
Being on the mortgage has nothing to do with being on the deed. It does not give you ownership rights.
In Florida, the spouse has to sign the mortgage for purposes of eviction and other requirements of the mortgage. The mortgage company wants the spouse to know that if the monthly payments are not paid, the spouse can also be evicted and the home will go into foreclosure. Some people believe that if they are married and only one signs the Note, the one that did not sign the Note cannot be evicted. This is not the case.
You do not need to do anything. You are only obligated on the loan if you signed the Note.
The assignment is assigning the mortgage documents from one lender to another and also has nothing to do with title to the property.
Ask him to file the Quit Claim deed - Posted by Rich-CA
Posted by Rich-CA on May 05, 2008 at 12:36:42:
that should remove you from Title, which is why it was prepared. Check your husband’s copy of the loan documents to see if your name is there as well.
Re: Ask him to file the Quit Claim deed - Posted by Linda
Posted by Linda on May 06, 2008 at 07:29:11:
Our copy’s show my name not being anywhere printed or signed , because i did not sign any,on any of the loan doc’s, but the copys that is recorded in court house have been changed and my name is added under his name on every page and someone at the closing company or broker(in the same office) signed my name to them and it it not my hand writting as to all of the other doc’s we do not know what has been added or changed.
That sounds like fraud. - Posted by Rich-CA
Posted by Rich-CA on May 06, 2008 at 12:59:45:
Somebody had to change the documents. Call the Title company and have them e-mail you the final documents. Do not let anyone else (including your husband) see them until you have examined them. If they match the ones that have been recorded, inform the Escrow Officer who handled the closing that the documents that have been recorded are fraudulent and need to be corrected immediately to delete your name from them. Does your husband have a power of attorney to sign financial documents on your behalf? If he does, and he signed them, then its legal even though you personally never signed them. That is a different problem.
Start slowly. First verify with the Escrow Officer (or attorney if that is how you close) by getting an electronic copy of the final documents. Almost all companies scan these now as some states allow electronic filing so no paper needs to change hands plus its easier to get people copies that way if they ask for them. Point out that your copy does not have your name on them and is materially different from the recorded copy which does have your name but a signature in your space that is not yours. That should get them started.
Re: That sounds like fraud. - Posted by River City
Posted by River City on May 07, 2008 at 08:10:36:
Rich is correct. It does sound like fraud. However, if your husband had a power of attorney, it had to be specific to that particular property. FHA, VA, FNMA, & FHLMC require specific powers of attorney for purchases of property. His signature would also indicate that he had signed your name via a POA.
Were you given copies of the closing papers at the closing? Most closing agents give their customers copies of everything that was signed. Hopefully you kept those copies and you can look to verify if your signature is on any of them. If not, you should find out what happened.
HOWEVER, as I said before, signing a mortgage has nothing to do with the obligation on the Note. The only persons responsible for repaying the loan are those that signed the Note.