Legal Question in Real Estate Law in New York

Refi Signatures

Dear Law Guru, I was refinancing my condo in NYC, with a cashout option. Because I had an personal emergency elsewhere, I had to leave the country. When the final docs were sent to me to the address in the other country, the bank funding the refi requested that I have them notarized at the American Embassy there. I did so. When I sent the papers back, the bank said that the signatures did not match.I offered to give them the American Embassy�s phone number and asked them to talk with the notary public because she had witnessed my signatures (there were about 5 papers). They refused. As a consequence, a condo that I had in GA was foreclosed on this past November. I was getting the refi mainly to save it from foreclosure. I needed the money to pay the real estate broker�s commision after she sold it. What can I do? Thank you. Renskoff


Asked on 11/22/05, 11:56 am

1 Answer from Attorneys

Peter Moulinos Moulinos & Associates LLC

Re: Refi Signatures

Your situation is very unique and there are a few items which need to be looked into. Besides the substantiation from the notary, did the bank know the reason you needed the funds was to save your GA property from foreclosure? It will help if the bank knew that their negligence would result in your property being foreclosed in GA.

I would be interested in discussing this with you further and will be available on Friday to do so.

Kind regards,

Peter Moulinos

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Answered on 11/24/05, 3:21 pm


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