Legal Question in Consumer Law in Florida

Forged Car Loan Agreement and Purchase Agreement

I purchased a car from a Nissan dealership. After I took delivery of the car they changed the terms of the loan and forged both mine and my husbands signature on the Loan Agreement as well as the Purchase Agreement. I just found out (its been 2 years). Can I make them take the car back and satisfy the note? Does the bank have any responsibility for accepting the fraudulent loan document? Also the bank (or dealership) never listed the bank as lienholder on the vehicle so I hold a clear Florida State Title with no leinholder. I cant afford the car (going through a divorce) what should I do?


Asked on 11/12/07, 9:29 am

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Forged Car Loan Agreement and Purchase Agreement

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

My experience has shown that a reputable dealer does not forge instruments as they have way too much to lose. You need to speak with your spouse and see if he has some knowledge of the different terms. Perhaps he signed on your behalf.

Scott R. Jay, Esq.

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Answered on 11/12/07, 9:41 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Forged Car Loan Agreement and Purchase Agreement

It's been two years and you just found out! A forgered document is not valid, but proving it was forged might be a little difficult since it has taken you 2 years to discover that the terms are different than what you did sign for. You do not say what the difference is. If the difference is in the monthly payment, for instance, it will be hard for someone to believe that you just found out.

You should have the original documents. That would govern your gareement. The forgery later of documents would not let you get out of the originalk deal.

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Answered on 11/12/07, 9:41 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Forged Car Loan Agreement and Purchase Agreement

The delay in finding out is a complicating factor but if you have original documents those terms would govern and you should see an attorney right away. If you would like to discuss with my office, please call.

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Answered on 11/12/07, 11:58 am


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