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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111605
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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What is the case law can you cite on once a person knows

Customer Question

What is the case law can you cite on once a person knows that his or her signature has been forged on a mortgage note, that if he or she continue to pay on it , that they lose their rights to challenge that mortgage?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You have two issues here, the fraudulent mortgage and also an equitable estoppel issue. A similar issue was dealt with in Wells Fargo Bank, N.A. v. Rutledge, 2D13-3192, 2014 WL(###) ###-####(Fla. 2d DCA 2014), although not identical. The court invalidated the mortgage based on the forged signature, but in this case it was the lender and not the borrower that sat on their rights (however, the legal premise of the equitable estoppel and laches claim are the same). Under laches and equitable estoppel, if someone has a right to sue and is aware of the forgery, them failing to act within the statute of limitations for fraud is their tacit acceptance and as such they are prevented from later claiming fraud outside of that statutory limit.

Customer: replied 1 year ago.
My question has not been answered, I am not talk about the time limit but the fact that the borrower knows it forged but continues to pay on that debt.The reason I asking for case law is because a lawyer stated that once a person knows the documents is forged but continue to pay on that debt, that they lose their right to sue!
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

That was answered by the second part of my answer, what the lawyer is talking about is the equitable estoppel and laches claim. Once the party is aware of the forgery and continues to honor the agreement, the legal theory of equitable estoppel and laches apply, because the party has tacitly agreed to the mortgage by making the payments.

Customer: replied 1 year ago.
I am looking for case law in other words cases where an person knew his or her signature was forged but continue to pay the bank and later file a law suit or a motion against the bank but loss because of their payments to the bank after discovering that their signature was forged. I need sited cases that is up to date or has been shepardize!
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply. I must apologize to you, but case law research costs the experts $160 per hour to access the databases plus time to shepardize, so that is well outside the scope of the prices charged by this site, as the experts are not employees of the site and the site does not pay for that access. As such you need a local paralegal to do case law research as that is not what this site does. I sincerely ***** ***** you can get a refund of your deposit by contacting customer service at http://ww2.justanswer.com/help

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