Legal Question in Real Estate Law in California

suspected forged loan documents

I own 1/4 interest in a residential property. A loan was secured against the property without my knowledge. When I made the lender and the borrower aware of my my knowledge of the loan it was promptly paid off. I believe that my signature may have been forged. How do I obtain a copy of that loan document? Thank you for your assistance. Susan

Asked on 3/18/06, 10:54 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: suspected forged loan documents

There would probably be three documents of interest, maybe four. The first and second are the note and the deed of trust. The others are the loan application and the preliminary title report, if any.

The only one you'll find at the Recorder's office is the deed of trust.

If the loan has been paid off, there should also be a deed of reconveyance recorded.

Forgery of this sort is a criminal matter - a felony - and I would suggest reporting it to the police or sheriff with jurisdiction, make out a report and see that it comes to the attention of the districy attorney.

Going after the persons at fault in a civil action is also possible, but if no harm resulted the possibility of recovering damages is remote (you might get some token amount and possibly punitive damages) and the cost of suit (probably necessary to get subpoena power) would be too high to warrant bringing a civil action.

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Answered on 3/18/06, 11:44 am

Re: suspected forged loan documents

To obtain a copy of anything recorded, go to the County Recorder's Office. Have your APN (Assessor's Parcel Number) with you. It will be easier. For a small fee, you can obtain copies of documents recorded against the property.

To obtain a copy of the "loan documents", call the company which loaned the money and start making inquiry how to do that. If your name is on the loan or as a guarantor, they should readily give you copies. If your name is not on it, you will not be able to get copies without issuance of a subpoena. That would require hiring an attorney.

Good luck.

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Answered on 3/18/06, 10:58 am

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