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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 33783
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I have a question for California real estate attorney who has

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I have a question for California real estate attorney who has experience forgery,in quit claim mortgage documentation.bank's loan officer refinanced my dad's ( 80 yrs. old ) house 3 times in 16 months brainwashing & selling predatory loans ( 2004 may --2004-dec.-2005nov) with 3diff.banks .My mom was visiting her family in India ,all the time durinf initiating & funding the loan ,my mother has not signed any quit claim ever. 2008 when my dad's both kidney failed they applied for loan MOD, that time they realized that there was forged quit claim doc. was in loan file .we could find only one quit claim ,out of all 3 loan files .preparation of the quit claim deed has been supplied to the bank without approval or knowledge of both spouses. The loan officer, by victimizing 80 year old man convinces him for 3 diff. 1st mortgage loan by 3 time refinance in only 16 months! One spouse has not visited back to U.S, so she prepares a forged notarized document and uses the same document with 3 diff.banks without taking approval of any of the spouse for quit claim deed. In 2012, 88 year old spouse passed away. Now widow spouse is facing foreclosure because she was not listed on mortgage or title. Can she sue only the first bank with forgery or all 3 banks with forged documentation? Can they sue both employee ( she worked in 3 banks in 16 mo.) & the banks also ? My mom has enough income , to qualify MOD , but after4years of application ,B of A , 1 st aug .sold the loan.can we go to city attorney ,FBI investigation or forensic document examiner? Please advice. Dr.danny
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

Forgery is a crime. Forgery of a deed or notary acknowledgment is a felony (big crime). If someone is damaged economically by a forgery committed by someone else, then that is a civil fraud, and it is actionable (the injured party can sue).

Suing a bank is a big deal. Banks have unlimited financial resources, so unless the proof is "ironclad," trying to sue is usually a lost cause, because the bank will simply outlast your resources.

If the bank is a national bank, you can complain to the Office of the Comptroller of the Currency. Or, you can hire a private lawyer and sue (click here for a referral).

If the bank is a state chartered bank, then you would file your complaint with the California Department of Business Oversight.

If you have proof of forgery, you can also contact your county district attorney's office, major fraud unit (in the county where the fraud is alleged to have taken place). You may be able to get a criminal investigation started that way.

That covers all of the options. Please let me know if I can be of further assistance.

Customer: replied 1 year ago.
Yellow sir, thanks for your reply.
1) by California law ,if you refinance ( your primary home) 3 times ,& cash it on your equity ,& if you are married & if you want be only person on loan & title , Do you have to take signature of your spouse all 3 times ? OR
Only for the 1 st loan?
2). Loan officer ,actually convinced one India lady ( very poor English - never spoke English ) ) to Sign notarized quit claim , because she did not want the mother to check loan docs. HENCE ,
The bank 's employee ,had aided,& abetting the commission of a crime with intent or purpose of facilitating crime,by act of advice to falsify the legal document to defraud & deceive loss of money / security interest for countrywide.we have a witness who was ( interpreter) ,who was explained
& present ,
We also have certified copy of forged papers. Can we sue all 3 banks ,which used the same quit claim. Thanks.
Expert:  socrateaser replied 1 year ago.
1) by California law ,if you refinance ( your primary home) 3 times ,& cash it on your equity ,& if you are married & if you want be only person on loan & title , Do you have to take signature of your spouse all 3 times ? OR
Only for the 1 st loan?

A: Only the first time, because once you are the only person on title, there is no legal impediment to refinancing it multiple times. In a divorce, the other spouse can claim undue influence, and the spouse who took unfair advantage can be forced to pay back the portion of the community property that was owed to the injured spouse. But, absent that, the other spouse is free to spend off the community, by borrowing against the property.

2). Loan officer ,actually convinced one India lady ( very poor English - never spoke English ) ) to Sign notarized quit claim , because she did not want the mother to check loan docs. HENCE ,
The bank 's employee ,had aided,& abetting the commission of a crime with intent or purpose of facilitating crime,by act of advice to falsify the legal document to defraud & deceive loss of money / security interest for countrywide.we have a witness who was ( interpreter) ,who was explained & present ,

A: I do not have sufficient information to confirm that a crime has been committed. Criminal law issues are very narrowly construed. If you want to discuss potential criminal charges, I suggest that you post a separate question in the justanswer.com criminal law category. I prefer to limit my answers to civil law issues.

We also have certified copy of forged papers. Can we sue all 3 banks ,which used the same quit claim. Thanks.

A: You could if you could prove that the other banks knew of the forgeries. Otherwise, only the first bank would be liable.

Hope this helps.
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 33783
Experience: Attorney and Real Estate broker -- Retired (mostly)
socrateaser and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Can you please refer me a forgery expert for criminal attorney for banking
Expert:  socrateaser replied 1 year ago.
I regret that I cannot make direct referrals from this website. For a referral to a California attorney of any type, see this link.

Hope this helps.

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