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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101047
Experience:  Lawyer
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My ex wife forged my signature on mortgage renewals and got

Customer Question

my ex wife forged my signature on mortgage renewals and got cash backs she died sep 2013 can i sue her estate
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Thanks for requesting me. What province is this please and when exactly did you find out that she did this? Why did you wait for so long before considering suing her estate? Is it because you just found out now?
Customer: replied 2 years ago.
i found out the 3rd of sept 2013 icontacted the bank imediately and have been getting the run around
Customer: replied 2 years ago.
im in quebec
Customer: replied 2 years ago.
please respond
Expert:  Debra replied 2 years ago.
Yes you can sue the estate. You must start the application as soon as possible so you are not out of time. At the same time you should take a more aggressive stance with the bank. Forgery means they are liable for the monies that were taken as they are responsibly for checking the signature and even checking with you about whether you agreed. The bank would likely be found liable by the court. So what may be best is to sue the estate and the bank at the same time. The bank may very well offer to settle as soon as they are served. In fact they may agree to do so as soon as they receive a demand letter from a lawyer. So in my view your next step should be to consult with a lawyer face to face and have the lawyer send demands to the bank and the executor of the estate. Then if that doesn't work you would commence your lawsuit.