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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37001
Experience:  Texas Attorney for 30 years dealing in real estate
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In 2008 I refinanced a first mortgage in Colorado, I must

Customer Question

hello
In 2008 I refinanced a first mortgage in Colorado, I must have been out of town on the day of closing because I just received a copy of the document and I see a relative of mine signed the mortgage and deed of trust as attorney in fact,
On the last page of the document it is notarized by a representative of the bank saying the person that signed was authorized to be the Attorney in Fact, it also states that a document had to be signed with this authorization, which it never was
In addition, unfortunately I sold the house as a short sale a few years later
Do I have any case against the bank for knowingly closing the loan with a signator that was not authorized by me to be attorney in fact
Thank you
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.Here it has just been too long and the statute of limitations prevents a suit for damages.All civil suits in Colorado are time limited, that is they must be brought within a time period.This likely was fraud.The time limit for that is one year.

Here is reference to the various time limits in Colorado.

Injury to Person2 yrs. §13-80-102 (a); 3 yrs. §13-80-101(n) if from use or operation of a motor vehicle

Libel/Slander1 yr. §13-80-103(1)(a)Fraud1 yr. for actions under §13-80-103(g); 3 yrs. §13-80-101(1)(c)

Injury to Personal Property3 yrs. §13-80-101(n) if from use or operation of a motor vehicle

Professional MalpracticeVet: 2 yrs. §13-80- 102(1)(c); Medical: 2 yrs. upon discovery §13-80-102

Trespass2 yrs. §13-80-102

Collection of Rents6 yrs. §13-80-103.5(1)(b

)ContractsWritten: 3 yrs. §13-80-101; Oral: 3 yrs. §13-80- 101; 2 yrs. §13-80-102 if tort action for tortious breach of contract

Collection of Debt on Account6 yrs. if contract §13-80- 103.5 - See more at: http://statelaws.findlaw.com/colorado-law/colorado-civil-statute-of-limitations-laws.html#sthash.f1kk80mw.dpuf

If brought earlier you may have had great facts to seek damages and recovery from the lender and the party that signed the document.Please don't shoot the messenger.I have to give you honest information here even if it is not good news.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 8 months ago.

If you can positive rate when we are done it is always much appreciated.

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