Forged Mortgage Security Instrument

Posted by Michael Kelly on January 31, 2008 at 09:15:11:

I am a victim of a predatory lender. Having been trapped in a predatory mortgage and having been unsuccessful in getting free from the trap since January 2006, I am now facing Chapter 7 bankruptcy. The condo that I own is vacant and I expected since last summer to eventually lose it in a foreclosure action for payment default. I received my summons of foreclosure complaint in November. When I reviewed it I was startled to find that on the Mortgage Security Instrument (copy attached to complaint) that my wife's signature had been forged onto it. I purchased this property two years before I met and married my wife. She was never a party, applicant or co-applicant of the mortgage loan and her name is not on the deed, only mine. The plaintiff, in addition to demanding the court grant the foreclosure, further demanded that the court reform the mortgage to include my wife's signature as valid. The plaintiff, although claiming to hold a valid note, admitted that they could not locate or find it. My wife and I filed objections to the plaintiff's demands including sworn affadavits concerning her signature and have for the moment stopped the foreclosure action on the basis of our accusation of forgery. The title insurer (underwriter) called me a week ago and asked if I would sign a new Mortgage Security instrument and I told him that I would not in light of what this lender had unmerifully and with no qualms done to me. My question is, is anyone familiar enough with real estate and mortgage law to give me an idea of where I currently stand in this action? For instance, is the Mortgage Instrument still valid after it has obviously been tampered with by the after-the-fact forgery of my wife's signature onto it, and secondly, since the plaintiff in their own words admit that they are unable to produce the Note, do they have a cause for any kind of action against me? In plainer words, the Law of Karma states that what goes around, comes around, therefore is a certain predatory lender now going to get the bite in their behind, for the bite they put in mine and justfully lose their legal monetary interest in this matter?

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