What can I do if my name was used to purchase a property that is now being foreclosed on? 14 Answers as of September 19, 2011
I have a fraudulent mortgage in my name. The home was foreclosed on and the lender most recently was jailed. My name and good credit was used to purchase a property. What are my rights?Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click hereHeupel Law | Kevin Heupel
You should contact the Office of the Attorney General as they help with these situations.
Answer Applies to: Colorado
Replied: 9/19/2011
The Law Offices of Mark Wm. Hofgard, Esq. | Mark Hofgard
The first step is to contact the credit reporting agencies and inform them of the fraud, that this was not your debt, and that your credit records must be amended accordingly. You will need evidence that the debt and mortgage were not signed by you, and were in fact forgeries. You may also file a complaint seeking what is called declaratory relief. Rule 57, Colo. Rules of Civil Proc., provides that: "Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder." The judgment of the court determining that you were not the obligor under the debt would be proof to any third party that the debt was not yours.
Answer Applies to: Colorado
Replied: 9/16/2011
Rosenberg & Press | Max L. Rosenberg
To put a mortgage in a parties name they would need your address, social security number, credit report, tax returns or 4506t form, proof of income (paystubs) and bank statements, application of loan and notarized signature which would require a photo ID, license, etc. Either you are part of an enormous conspiracy bent on destroying your life, you have been subjected to a fabulous state of the art cloning project or "Pod People" replacement program (see Invasion of the Body Snatchers or 6th Day with Arnold Schwarzenegger) , or there are details regarding this matter that you have failed to state. More likely Realistically, to prove fraud and forgery on this scale against a large lending institution will take a great deal of time and attorney fees. If it is against a sleazy mortgage broker (who would have had to have remarkable resources), you may throw good money after bad if they have no assets. However, you should definitely send certified letters disputing the debt to the credit bureaus and fill out fraud affidavits for the lending institutions. You may eventually have a Fair Credit Reporting Act case if the reporting is not removed. You may be able to assert a claim under the Banking Code and Unfair and Deceptive Acts and Practices. Also you should check land records and your credit report to make sure you are not listed on any other mortgages. Finally, consider whether you have given your Power of Attorney to any parties that might abuse it. It would still be near impossible to pull this off with just a POA, however all things are possible in this world.
Answer Applies to: Connecticut
Replied: 9/15/2011
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
You have many rights as a victim of fraud. The states and the federal government are all increasing/implementing their ID-theft laws. You will need to prove the fraud and repair your credit. Unfortunately this will take many many hours and a lot of frustration.
Answer Applies to: Massachusetts
Replied: 9/14/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Talk to the D.A. You should see a lawyer to hash out how that happened. You have remedies but they could be expensive.
Answer Applies to: California
Replied: 9/14/2011
Tucker Legal Clinic | Samuel Tucker
File a report with law enforcement and send copies to the credit bureaus with demand that negative entries be removed.
Answer Applies to: Mississippi
Replied: 9/13/2011
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
I would look into the possibility of getting a Judgment against the Lender and the Party who commited the fraud. When the Judgment is received copy it to the credit reporting agency.
Answer Applies to: Georgia
Replied: 9/13/2011
Diefer Law Group, P.C. | Abel Fernandez
If you were a victim of fraud, you need to go to the police and do a fraud report. Also, you should contact the credit agencies and change the loan on the basis of fraud so that you would not have any liability on it.
Answer Applies to: California
Replied: 9/12/2011
Ashman Law Office | Glen Edward Ashman
If your name was stolen without your consent you are a victim of identity theft. You'll find many useful steps at www.ftc.gov but also want to get a lawyer in this case.
Answer Applies to: Georgia
Replied: 9/12/2011
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
The lender was jailed? Either way, I would file a police report immediately and then see an attorney who specializes in fraudulently lending, a "consumer" law specialist. This is the equivalence of someone stealing your identification. I would also notify all the credit reporting bureaus. This is very serious. Don't wait!
Answer Applies to: Michigan
Replied: 9/12/2011
Law Offices of Daniel Moulton | Daniel Moulton
Go to the attorney general's office. File a motion in foreclosure court to have your name dismissed form the lawsuit. Contact the credit bureaus with your situation.
Answer Applies to: Illinois
Replied: 9/12/2011
Law Office of Michael Johnson | Michael Johnson
You can call the police and explain that is was fraud and dispute with credit reporting agencies.
Answer Applies to: Florida
Replied: 9/12/2011
Law Office of Maureen O' Malley | Maureen O'Malley
You need to file a police report and include that in your credit report.
Answer Applies to: Virginia
Replied: 9/12/2011
Law Office of Eric Ridley | Eric Ridley
You may have actions under a number of statutes. If your credit has been damaged because of this, and you are able to prove the fraud, your damages may prove to be significant. This is one which you should discuss ASAP with an attorney, as the questions and details are very important.
Answer Applies to: California
Replied: 9/12/2011










