Legal Question in Real Estate Law in California

Re: real estate forgery

It depends; you say she forged it on a mortgage document which suggests that she obligated you on a loan; is that true? If a loan secured by real property, there would also have to be a deed of trust; if you are on title to that property and she also forged your name on the deed of trust she would also have to have a notary falsely state that you signed in their presence. If all the above is true, then you can 1) sue her for damages and sue the lender to rescind your obligation; and/or 2) file a criminal compliant, as this is a felony; 3) sue and/or file a criminal complaint against any notary or anyone else "aiding and abetting" her forgery.

Re: real estate forgery

If you are on title, you may bring a partition action requiring the house to be sold and split the proceeds. If there is no equity and your credit is being damaged, you can file a lawsuit alleging damage to your credit and identity theft (a crime). The lawsuit will probably scare your ex so much you might be able to get a settlement out of her if she has any money. As a last resort you may contact the bank and tell them that you never signed any docs and that they are forgeries. But once you contact the bank, you can forget about any partition or settlement because you will have no negotiation leverage left.

Re: real estate forgery

I'd go with the answer by Ms. Deming.

A first step here will be to determine exactly what the public record for the subject property shows in the way of how and by whom title is held, and what liens show up.

I'd move real fast on this; the darther you get in time and sequence of events from the actual forgery, the more difficilt it becomes to un-do the harm.

Note that if the document concerns property occupied by you, the lender or whomever may have had a duty to make independent verification of the wife's right to take out a loan, with or without your signature.

Re: real estate forgery

You may have a claim with a forgery. The notary may also be liable. We would have to review the documents. Please call us if you have any other questions.