Forged signature etc - HELP!

[backlso]

Hello,
I would need anyones advice regading the following situation:
We just closed on a refi on our home. We were never told about it was a neg.amortization, even though we asked SEVERAL times, we were never disclosed regarding the YSP, the mortgage broker still assures us that it is not "really" a neg.amozation rather "if you want it to be it could be...". I have asked by email atlest 5 times for hime to amswer the question using a Yes or No answer, now he is not returning phone or email messages. The title attorneys office tell me it is neg. amortization and that is looks bad. At closing I did not get copies of the closing docs, when we requested them, we were told "at a refi you dont get the docs right away..." so they were sent to us by mail, arrived 6 days post closing, so the 3day cancel was out the window already. Now I look at the closing documents I see a page I know wasnt there at closing, me and my fiance read every page of the closing docs at closing so we would know if there was one saying anything about neg am, now that page is signed with my signature, however it does not look anything like my signature......I am really upset about this, the title attorney is out of town until Monday so I am going crazy, do not know what to do or where to start. If anyone has any clue I would very much appreciate any input. THANK YOU!
Desperate for help.

You have some extremely compelling issues, you did not receive a copy of your right to cancel and that is in direct violation of RESPA and Truth in Lending regulations. You hopefully have retained a copy of the envelope that you were sent after the fact. The reality is that you must receive copies of your closing documents at closing in particular the Right to Cancel and other disclosures at the time of closing, that is the Regulation.

If there were forgeries, you need to immediately go the District Attorney's office that represents you area and file a formal complaint. That is immediately. You need this on record now with a formal complaint, having just found this violation of the regulations and law.

Please if you could, could you start a thread in Tell Your Story and we can all help and chime in on this problem. You need to further demand a QWR from your lender with pertinent documentation to see what they also have that you do not have that may have been forged or misrepresented to the Lender. This is very serious and you do have the ability to make formal complaints as well as inform the lender that forgeries have been done and that the proper authorities have been notified with formal complaints filed. Also the non-compliance with the Right to Cancel and other required Federal Disclosure at the time of closing allows additional penalties.

At this point you do also need to retain an attorney, the local Bar Association can refer you to an experienced (in this matter) and reputable attorney or there is one affiliated with this site. Regardless, you must file a formal complaint with the District Attorney regarding the forgeries and other misrepresentation as to your signatures. The compliance issues are those that you wish to address with your own retained attorney.

[backlso]

Thank You!
I have already called the DA office and filed acomplanit with the lender. I will post an update.

[backlso]

BTW - does anyone know what states the neg am are illegal ?

THanks!

I do not know that there are any states where it is illegal, it may be regulatorily considered as predatory or exceeding allowable interest per state usury laws. Poor terms, but the best that I could come up with....however if you are in Florida.....they can do them there to the best of my recollection. Florida statutes have some interesting disclosure rules upfront on the Broker, but with all of the states, the problem is that they are short investigators on these issues and by the time they get around to it, .......

[leap4juls]

I too have forged docs. What is the forged page that you found?


"This is very serious and you do have the ability to make formal complaints as well as inform the lender that forgeries have been done and that the proper authorities have been notified with formal complaints filed."

I still don't know how to do the quotations... I am curious why are you recommending she inform the mortgage company? I guess I am always concerned they are going to go out and try and cover their a***s before you have all your ducks in a row. I mean after all they did forge pages on a MORTGAGE for pete's sake. My lawyer has not divulged this information, he has held back to so to speak have a smoking gun to plop in their laps. However here I sit in my tear drenched jammies, any day or so, wondering will I have a foreclosure letter in my hands? No one has made a huge deal out of the forged docs. And really I have to wonder why. Because there will come a time when it will be too late for me to save my house.

The prosecutors office was who I called. They basically said go to the Police and file a report. I was really surprised. The NJ Banking Division said "if you really have forged docs"

Well I am certain. The Settlement Sheets that were forged, were dated, some, days, others weeks after the closing.

Since reading the DA's office complaint I have been very curious to hear your outcome. Has anything come of it?

I also had RESPA and TiLA issues. We did send in letter requesting to rescind.
they did. You are wrong, your 3rd day rescision is not out the window. They never gave it to you, so of course you can request to rescind.

Of course, it is hard to know who signed the docs, will this bring her closer to a settlement in her case? That is if she files a complaint in the courts. Or would she still have to pursue civilly? I am just so amazed that my county and attorney have not made a bigger deal out of this. To date I have not really found too much in way of forged loan docs, settlement sheets on line. And what it means to the loan for the Settlement sheet to be such a mess and forged.
I guess your loan is pretty new, huh?

Has the forgery changed any of the facts of the mortgage? Or has it just covered for a document they neglected to have you sign. I guess they don't call the borrower in for fear they will say no. I have been told, well you still borrowed the money. I also have many other issues with this mortgage. GFI, Credit report, misrepresentation, grossly inflated earnings. Among many other things. It just seems like it should be so clear, legally, if someone forges pages on mortgage, there should be a big question to the validity of the entire document.

Have you seen this much in your travels?

I would love to hear your update backlso.

good luck to you and your fiancee

All forged documents need to be reported to your local law enforcement authorities, we at this site can not facilitate any solutions to these problems, we are emphatic that you must pursue this through you local law enforcement authorities in addition to your personally retained legal counsel.

[leap4juls]

Well yes, of course it does. I did report this forgery, to the FBI and to the Division of Banking and to Consumer Affairs, for my county, and the prosecutors office, and FTC, just not the police department. That was only recently mentioned. The FBI, though really great, said they could only keep an eye on him. They have time only for the really big frauds, class action. No one else has really done anything about it, or even seemed all that interested. That is why I question to WHOM you report this. What I am telling you is I don't know, and want to know, who takes care of this. I have had counsel, however I am broke, will be homeless if I can't figure all of this out soon. I cannot afford to spend money right now. That is the painful fact. I thank you for any direction, if it is the DA's office, that is where I will go. I was on their site all night after reading your post.
My comment about whether we should tell the perpetrator is I do not want these people to find a way to hide their crimes before I am able to do this the right way. Despite my effort I have not. After all, as I said, they have forged documents, I smell a bigger fish each time I look at my docs.