Legal Question in Civil Litigation in Florida

Several years ago, I was trying to attain a mortgage on a residential property and was using the services of a mortgage broker company with LLC liability. I was informed that I was an excellent candidate for the loan and was asked to place an escrow fund while attaining decision of mortgage. I was told that by doing this this would classify me as a serious buyer. I utilized an attorney which the representatives of this mortgage company referred me to use. Several months passed and I continued to inquire about the status of the mortgage decision. I was constantly given an optimistic outcome with no concrete basis but was very hopeful throughout this "waiting process". However, following considerable amount of time and not being able to obtain a concrete decision from the representatives of the mortgage company, I took it upon myself to contact the attorney who I entrusted with the escrow funds (approx 3-7 months after placing the funds in his care, at which time I learned that the representatives of the mortgage lending company had forged an random type of Authorization to Release my funds to them. Unbeknown to me and after researching different resources online I learned that one of the representatives of the mortgage lending co. had proceeded to purchase this property for himself. I tried effortlessly to retain my funds back. The attorney indicated that he thought the authorization form was a legitimate document although verbally at the onset of my discovery he told me he was unsure as to why his office had released my funds to the mortgage brokers as he was away during that time frame. However, after having the division of financial regulations examine this case, the attorney somehow spontaneously provided a doctored document with a forged signature which he alleges was received from the mortgage company. My questions are as follow: 1) What legal recourse do I have with regard to A) the mortgage brokers and B) the attorney who released my funds to these representatives based on a forged and raw type of document? 2)what is the statute of limitations with these kinds of cases with the mortgage? And perhaps my most absurd question any resources that I may be referred to that can take on such a case on a pro-bono or contingency basis? The amount of the escrow discussed is in the tens of thousands and has undoubtedly resulted in financial distress to my life's existence. I thank you in advance for any help or resources that may come to me.

Asked on 3/31/11, 4:32 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

If you can prove the escrow payment you would seem to have a valid claim.

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Answered on 3/31/11, 4:56 am

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