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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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A loan was put through in my name on a foundation ...

Resolved Question:

A loan was put through in my name on a foundation repair I contracted for my home. I was unaware / not informed that one of the documents (mixed in with other documents) I apparantly signed was a "job completion" form, which was then dated and sent to the bank without my consent and prior to the completion of the job. Is this legal?
Submitted: 6 years ago.
Category: Legal
Expert:  Dave Kennett replied 6 years ago.

DearCustomer- You are generally presumed to have read the documents you sign. If your signature is on this document you are most likely liable for any consequences unless you are mentally handicapped or at some other distinct disadvantage with respect to the contractor.

If the document itself was fraudulent in nature showing it to be something it wasn't, ie: incorrect heading etc. then you would have a case of fraud and misrepresentation. Otherwise you are probably obligated to honor this contract.

David Kennett - JD - Attorney at Law

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
I'm not sure I understand how putting a false date on a legal document pertaining to tranfer of money can be legal. Can you please clarify?
Expert:  Dave Kennett replied 6 years ago.

If the document was dated after you signed it then it would not be legal. I am somewhat confused as to how you signed something that wasn't dated and didn't know you signed it. That is what the other side would ask in court since it would be your burden of proof to show that the document was altered after it was signed by you. You are stating that the date is false so you will need to show that is the case if you challenge this document.

Another thing that hasn't been mentioned is whether this was something that was agreed upon in the beginning of the contract negotiations. In other words, did you know that you were going to be obtaining a loan at the conclusion of the project and has the work been completed? The reason I ask is because if this were something you were going to do and all the work is completed then I don't know what the damages are at this point.

If you never agreed to any loan or the work is unsatisfactory then I think you have a case on the basis of an altered document if that can be proven.

Dave Kennett

Customer: replied 6 years ago.
I believe the document was mixed into other documents I signed during the process of filling out the loan application with the company salesman. I requested a copy of the document as I had no recollection of signing it and it appears to be my signature, but the date is definately not my handwriting and I can prove that no one obtained my signature on the date of the document, if housemates count as eyewitnesses. I believe I was deliberately deceived/distracted and I can also show the company was not done with the job on the date of the document. And, yes, the job was not completed to my satisfaction, hence my issues, beyond the purely ethical practice involved. How do I proceed?
Expert:  Dave Kennett replied 6 years ago.

Obviously you now have a problem with the lender who I assume has funded the project. You will need to put them on notice that you dispute the loan and the documents and that you are not going to make the payments based on the fraudulent nature of the loan. The bank will claim "holder in due course" and you will have to sue the contractor and probably the bank.

All of this is quite complicated and you will probably need the assistance of counsel. It is quite likely that if you can prove your allegations you can recover attorney fees and punitive damages against the contractor but the burden will be on you. Now that I have a more complete explanation of the facts it would appear you have a decent case of fraud or misrepresentation on the part of the contractor. The bank, of course, will claim complete innocence in all this.

Dave Kennett

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Dave Kennett
Dave Kennett
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25 years experience in general law, including real estate, criminal, traffic, and domestic relations