Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

I have a question for California real estate attorney who has

experience forgery,in quit claim mortgage...
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
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 27 minutes by:
7/29/2013
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,362
Experience: Attorney and Real Estate broker -- Retired (mostly)
Verified

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.

Ask Your Own Real Estate Law Question
Customer reply replied 4 years 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.
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
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,362
Experience: Attorney and Real Estate broker -- Retired (mostly)
Verified
socrateaser and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
Can you please refer me a forgery expert for criminal attorney for banking
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.
Ask Your Own Real Estate Law Question
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,362
39,362 Satisfied Customers
Experience: Attorney and Real Estate broker -- Retired (mostly)

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
What is responsibility of a real estate agent or Realtor
Hello, what is responsibility of a real estate agent or Realtor when he represents both the buyer and the seller and gets the inspection report? What is his responsibility to the buyer when he has the… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
I am looking for a cancellation of contract for real estate
I am looking for a cancellation of contract for real estate form … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
A real estate contract states that if financing can not be
A real estate contract states that if financing can not be obtained within the stated time frame, the contract is null and void. If financing can be obtained at a future date, can this contact be rein… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
My real estate agent and i completed a real estate
my real estate agent and i completed a real estate transaction back in November of 2007. there has been a problem with the transaction and i would like to take her to small claims court. however, i wa… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Are you a Real Estate Attorney? California. My partner and
My partner and bought a home we had for 22 years he is not on Title and I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Real estate question. NC. Mortgage. Need to know if fha pr
need to know if fha pr va loans will allow for spring water instead of well… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
11 satisfied customers
How can an individual close on a piece of real estate
How can an individual close on a piece of real estate without physically being at the closing and what would the process be like?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
In commercial Ohio real estate is their such an agreement as
In commercial Ohio real estate is their such an agreement as a NNN lease that is also a land contract installment which offers some type of equity ownership during or after the lease terms ?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Looking for a Real Estate Lawyer to come out and talk with
Looking for a Real Estate Lawyer to come out and talk with our community about HOA. The builder of our homes just turn over everything to the community with really explaining anything. We are look for… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If I'm a mortgage banker, can I own a real estate brokerage
If I'm a mortgage banker, can I own a real estate brokerage and have my agents use me as their preferred lender? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
Are you a Georgia real estate attorney, georgia, yes
good afternoon are you a Georgia real estate attorney … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This message is in regards to Rhode Island real estate laws
this message is in regards ***** ***** Island real estate laws regarding foreclosure. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a real estate question related to Florida Real Estate
I have a real estate question related to Florida Real Estate law. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I signed a real estate contract today for the sale of a
I signed a real estate contract today for the sale of a townhouse (I am seller) to a person with whom I had an agreement to purchase on-contract. I realized after signing that when the attorney wrote … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
Real estate law I'm the seller i signed real estate contract
Real estate law I'm the seller i signed real estate contract now i dont want to sell I initialed the contract instead of signing the sale price was illegible so the seller sent an amendment for me to … read more
Damien Bosco
Damien Bosco
2,992 satisfied customers
It is not a real estate problem it is about a person that
it is not a real estate problem it is about a person that was evicted and nowher to go … read more
Damien Bosco
Damien Bosco
2,992 satisfied customers
I have a Reverse Mortgage and became behind on real estate
I have a Reverse Mortgage and became behind on real estate taxes. I entered into an installment agreement with Riverside County, which my lender ignored and paid in full with the County. Now the Lende… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Texas real estate lawyer: Texas Real Estate Title Question
Texas Real Estate Title Question1. H&W hold title JT WROS to a single family home. Their homestead which has been designated by Harris County as their homestead. 2. County allowed Over 65 exemption in addition to homestead exemption since 20133. Large judgment against H only in favor of federal govt was filed in 2000 or 2001 in Harris County4. Title history: a. H&W married since 1990 b. Property purchased by W only in 2003 and homestead exemption in effect in W's name only from 2004 to 2013 c. A “bogus” (wife never signed it) warranty deed was recorded in 2012 purportedly transferring title to homestead from W to H&W JTWROS.5. W is now 62 and H is 776. Does judgment against H only create a title objection if H&W want to obtain a mortgage or sell the house?7. If H deeds property “back” to W does judgment “go away” as a title exception?8. If H dies before W, does the judgment “go away” as a title exception allowing W to sell property?9. Assuming the answer to # 7 is no, then can W file a lawsuit in District court to have the bogus deed stricken/declared null and void? If so, what is the name of the lawsuit, i.e. an action to strike a deed or set aside or _____?10. In such a lawsuit would H be the only defendant necessary?11. Once it is filed, to save time can H file a consent to entry of a judgment declaring the bogus deed null & void?Thank you. … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x