Issues with Home Owners signatures on mortgages


We all have heard by now of the issues that banks and other lenders are having with enforcing mortgages due to “robo signing” or “rubber stamping” mortgage documents. Banks have been accused of committing fraud by not having the actual person sign the mortgage that is required to and as a result, foreclosure have been challenged, and in many cases successfully. However, what happens in the reverse situation. What if someone signs their name and then either at the time of the closing or later signs a co-debtors name to the mortgage document. What if your name appeared on a mortgage document, but was never notarized, you can’t be held liable for that debt right? Don’t answer so quickly. Under many state laws, you may be liable, especially if the co-debtor was a husband or wife.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Michael Goldstein, Phillips Law Offices, LLC | Attorney Advertising

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