Legal Question in Real Estate Law in Illinois
during divorce i found out husband did a fraud mortgage and equity loan by copying and pasting my name. these were notarized and i was never present. the police " said " they took the case to the Will County state's attorney but they won't prosecute it. i asked that the videot from the bank be pulled to show i never walked in to sign. anyone can easily see my name was copied and pasted. i sold homes for a builder so i only did mortgages with my Lender friends. what can i do? EX did fraud and notary who didn't do her job in witnessing my signature, allowed him to do it. Since EX has history of fraud ( i caught him embezzling from employer 19 years ago ) and he also now embezzled considerable sum from marital assets, am i able to go thru RICO?
2 Answers from Attorneys
"Corrupt Organizations". Unless your ex is a group that is not available. You could sue for civil fraud and, if you win (and that is hard), you could get serious damages. Winning a fraud case is hard, but you seem to stand a better chance of winning than most.
Options:
YOU go the the State's Attorney yourself.
File a civil suit.
Both - not double jeopardy because one is civil and one is criminal.
In any case, see an attorney.
You need to determine what your goals are. If your priority is to get off of the mortgage, contact the lender and demand rescission based on fraud and/or if your desire is to punish your ex, I agree with Walter that you can see the prosecutor in person. Suing for civil fraud is a possibility. However, you would need to have damages due to your ex husband's actions.
You may also have a suit against the lender for their negligent actions and the notary for her actions. Good luck.
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