May
21
is it legal in fl.to give a homeowner who is incapacitated a mortgage loan?
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my father never spoke to the mortgage company,further more the broker told my mother it was alright for her to sign his name. now she is in foreclosure,my father died 5 months after loan was given
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5 Comments
May 22nd, 2009 at 2:34 pm
No but mom committed fraud and will go to jail for forging dads signature.
May 25th, 2009 at 7:27 am
In order for your mother to sign on your father’s behalf, she would of had to have a Specific Power of Attorney assiging her that right.
Or, if the property is in a living trust and your mother has the right to act on behalf of the trust, she could have signed for him as well.
If neither of these situations exist, then it sounds fradulent. Contact an attorney to see what your recourse is if fraud is involved.
May 27th, 2009 at 9:16 pm
you will need to see a real estate attorney.
marriage is a tricky thing…i live in california and i know that my parents have signed for each other for 53 years…no power of atty, no forms, no trusts…..jsut the fact that they are married and have that union and share “commonly” all assets.
my best advice is “a real estate attorney”.
good luck
May 28th, 2009 at 5:02 am
Borrowers do not have to speak to the mortgage company and it is permitted to use a power of attorney to authorize another party to sign on their behalf. If no power of attorney was provided then it may be a fraud case. In any event, once the notice of intent to foreclose is filed by the lender, then call the attorney handling the case (the notice will have contact information as required by law) and discuss the situation. Lenders almost always lose money in a foreclosure, so they may work something out with you. The only judgment they could get, based on what you said ,would be against a deceased person, that won’t be fruitful for them. Also, is there an estate attorney that can help you with this?
Hope this helps
May 31st, 2009 at 1:18 pm
If your father was certified as mentally incapacitated at the time of the signing, the contract is invalid. However, your mother could be charged with forgery if there is no written indication that the loan broker gave her permission to do so.
Further, if your mother also signed the mortgage (both signatures), she is still responsible for the terms of the loan.