Monday, August 23, 2010

My husband and I are about to start procedures to prosecute a family member for forgery need advice please?

OK this is the deal my husband let her sister purchase a home in his name for a home group, some years back, we started to notice that his credit was real bad, we could not get aprove for anything, when I invetigated why we found out that the sister and her hubby had transfer the original account to Country Wide, with out us knowing they sign loan documents and agree to their policies without telling us anything I have the proof on hands that they did and also when we find out they tried to put the house in someone else and again sign my husband name and I have that document also, we want to take this to the law but we don't know where to go first, Country Wide have a Identity theft department, and I am thinking on reporting this, they also got 11 thousand dollars for the closing with the original bank and didnt gave us nothing, never have paid us rent for having this house in his name, and the disable people they have in the house are not in the lease, do we have a case? continue....My husband and I are about to start procedures to prosecute a family member for forgery need advice please?
DO NOT GO TO COUNTRYWIDE...





Yet...





Countrywide is concerned with getting Countrywide's money back. You're concerned with you. And rightfully so. Let me suggest that you need to go to an attorney first, and let the attorney contact Countrywide on your behalf. The reason? You don't want to inadvertently say something to Countrywide that may later come back and haunt you.





Countrywide should have had systems in place to catch this. (I teach mortgage related topics to lenders nationwide, so I know there should have been tip-offs in the credit report, in your not being at the loan closing, or in whatever ID someone may have used to show they were your husband.) They will immediately go into damage control on those issues rather than work to make things right for you.





Also, you may have signed a Power Of Attorney with the original loan documents, or you may have inadvertently made Countrywide think an agency relationship existed between you and the crooks. If you don't even know what an agency relationship is, then you should not be talking to Countrywide. Remember, they have professionals looking to minimize Countrywide's damage. This is a one-time event for you. They will crush you, and do it in a way that you think they're doing you a favor.





Countrywide did you wrong as much as your husband's family. Do no think of them as being on your side in this. Get your own attorney and have them contact Countrywide.My husband and I are about to start procedures to prosecute a family member for forgery need advice please?
The matters you describe are very serious.


Report the facts to Country Wide so that they can start an investigation. Perhaps they may compensate you and may prosecute on your behalf.


Also go and have a free consultation with citizens advice office and do what they advise. They are very experienced.


I am sure they will tell you to go to a lawyer and as you will win any court action, your costs will be paid by the losers.
you need to go to a good real estate attorney. When you say that he let her buy a home, did he issue a power of attorney to her? How exactly did the transaction occur. Where were you guys in the whole process? Of course, they could have forged any power of attorney documents etc...





like I said though, you need a good real estate attorney who can help sort this mess out. That person can then pull all the documentation together to assist in litigation against the sister. The real estate attorney can recommend a good trial laywer.
I discovered that what I thought was a clear case of fraud wasn't defined as fraud by the law, so you really need to talk to an attorney. Most will not charge you for an initial consultation to determine if you have a case.





Because it involves a family member, they may consider it a domestic case, but that can vary from state to state. Much of it is going to boil down to the original agreement your husband made with his sister over he purchase of this home.





You say she purchased the home in his name. Was his name on the title or did he co-sign the loan? Did they have a written agreement over terms of the loan and any future sale of the house?





I would definitely contact this Country Wide and talk to them about the loan that has been set up with them and about what your sister-in-law has done. I would also sit down with a good attorney who is experienced in real estate and consumer law and find out if this is considered fraud.





Have you talked to your sister-in-law about this? If not, you should sit down and let her present her side of the story. Has she had a history of this sort of thing in the past?





I found that what I thought was fraud boiled down to my just being out of luck over what happened because the law did not see it the same way. I was out of thousands of dollars because of it. Only an attorney can help you determine what the laws are in your state.
i would contact Country wide as well as your Police Department. We had a similar problem my husbands cousin had power of attorney while we were out of the state over my mother in law whom is 90 years old and know we discovered she had open credit cards and loans in her name. What a mess. Good Luck to you .I think it's going to take along while before you get all of this straightened out but act quick.
Go to district attorney and a real estate attorney.

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