Is it official contained by fl.to afford a homeowner who is incapacitated a mortgage loan?
my father never spoke to the mortgage company,further more the broker told my mother it was alright for her to sign his name. in a minute she is in foreclosure,my father died 5 months after loan was given
Answers:
Borrowers do not have to speak to the mortgage company and it is permitted to use a power of attorney to authorize another bash to sign on their behalf. If no power of attorney was provided then it may be a fraud crust. In any event, once the notice of intent to foreclose is filed by the lender, later call the attorney handling the case (the spot will have contact information as required by law) and discuss the situation. Lenders almost always lose money contained by a foreclosure, so they may work something out with you. The only result they could get, based on what you said ,would be against a departed person, that won't be fruitful for them. Also, is there an estate attorney that can relief you with this?
Hope this helps
No but mom committed fraud and will go to jail for forging dads signature.
In charge for your mother to sign on your father's behalf, she would of had to have a Specific Power of Attorney assiging her that right.
Or, if the property is contained by a living trust and your mother has the right to act on behalf of the trust, she could enjoy signed for him as well.
If neither of these situations exist, then it sounds fradulent. Contact an attorney to see what your recourse is if fraud is involved. Source(s): 23 year mortgage professional contained by IL
you will stipulation to see a real estate attorney.
marriage is a tricky item...i live in california and i know that my parents have signed for respectively other for 53 years...no power of atty, no forms, no trusts.....jsut the fact that they are married and have that federation and share "commonly" all assets.
my best advice is "a valid estate attorney".
good luck
If your father be certified as mentally incapacitated at the time of the signing, the contract is invalid. However, your mother could be charged with forgery if there is no written indication that the loan broker give her permission to do so.
Further, if your mother also signed the mortgage (both signatures), she is still responsible for the terms of the loan.
Related Questions:
Can I gain a mortgage loan near little employment history?
I am highly considering buying a town home very soon but I do not own solid employment history. I was wondering if I could buy a town house with little employment history. Everything else is fine, I hold the money, I know what I...
Answers:
Borrowers do not have to speak to the mortgage company and it is permitted to use a power of attorney to authorize another bash to sign on their behalf. If no power of attorney was provided then it may be a fraud crust. In any event, once the notice of intent to foreclose is filed by the lender, later call the attorney handling the case (the spot will have contact information as required by law) and discuss the situation. Lenders almost always lose money contained by a foreclosure, so they may work something out with you. The only result they could get, based on what you said ,would be against a departed person, that won't be fruitful for them. Also, is there an estate attorney that can relief you with this?
Hope this helps
No but mom committed fraud and will go to jail for forging dads signature.
In charge for your mother to sign on your father's behalf, she would of had to have a Specific Power of Attorney assiging her that right.
Or, if the property is contained by a living trust and your mother has the right to act on behalf of the trust, she could enjoy signed for him as well.
If neither of these situations exist, then it sounds fradulent. Contact an attorney to see what your recourse is if fraud is involved. Source(s): 23 year mortgage professional contained by IL
you will stipulation to see a real estate attorney.
marriage is a tricky item...i live in california and i know that my parents have signed for respectively other for 53 years...no power of atty, no forms, no trusts.....jsut the fact that they are married and have that federation and share "commonly" all assets.
my best advice is "a valid estate attorney".
good luck
If your father be certified as mentally incapacitated at the time of the signing, the contract is invalid. However, your mother could be charged with forgery if there is no written indication that the loan broker give her permission to do so.
Further, if your mother also signed the mortgage (both signatures), she is still responsible for the terms of the loan.
Related Questions:
Can I gain a mortgage loan near little employment history?
I am highly considering buying a town home very soon but I do not own solid employment history. I was wondering if I could buy a town house with little employment history. Everything else is fine, I hold the money, I know what I...