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Forged Mortgage Help

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We recently discovered that a local roofing company applied a forged mortgage against our property for the price of the roof. The mortgage was sold to a lawyer (the office that we have been sending our payments to)The man that did the forging and notarizing was arrested. We have contacted the authorities (Dept of agriculture and commerce) We had no idea about any of this untill we did a public document search and discovered the Morgage! Should we get a lawyer? Should we continue to pay the payments? The actual loan document is also signed by this man. Any insight would be helpful.

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Mechanics liens seem to be emerging as a more common problematical area.

I have seen several instances in the local are where an innocent purchaser has contracted with a developer to buy a new build home. Substantial payments have been made and in some cases payment in full. The developer has then gone bankrupt and mechanics liens placed on houses that owners are already occupying.

I suspect this is going to become more and more common. A major issue for the consumer is lack of adequate insurance to purchase against such an event.

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Mechanics liens seem to be emerging as a more common problematical area.

I have seen several instances in the local are where an innocent purchaser has contracted with a developer to buy a new build home. Substantial payments have been made and in some cases payment in full. The developer has then gone bankrupt and mechanics liens placed on houses that owners are already occupying.

I suspect this is going to become more and more common. A major issue for the consumer is lack of adequate insurance to purchase against such an event.

In some cases in my field i did a lot of home repair on Jukeboxes,video games.The owner would write a check for the repair and then put a stop payment on it,they got it fixed I got screwed.That's when i learned about liens.So i would try to collect 2 times.When they wouldn't make it right,I would just put a lien on there property.So nothing stops an escrow like a lien.Then i would ask how much is it worth to get rid of me.I always asked for double the bill.If i sued i could have got triple.This is the only recourse i had.But i agree a new home buyer should be protected and not have to ask.Now who ever did the title search didn;t do a very good search,that's what a title search is for.:)

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In some cases in my field i did a lot of home repair on Jukeboxes,video games.The owner would write a check for the repair and then put a stop payment on it,they got it fixed I got screwed.That's when i learned about liens.So i would try to collect 2 times.When they wouldn't make it right,I would just put a lien on there property.So nothing stops an escrow like a lien.Then i would ask how much is it worth to get rid of me.I always asked for double the bill.If i sued i could have got triple.This is the only recourse i had.But i agree a new home buyer should be protected and not have to ask.Now who ever did the title search didn;t do a very good search,that's what a title search is for.:)

The problem is the lien did not exist at the time of the title search. It came after closing. It is an interesting conundrum that I am sure is going to eventually give a supreme court a headache. The rights of all the offended parties involved are in serious conflict and through no fault of their own.

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It sounds like it may be a mechanic's or construction lien. Are you being forced to pay more than was agreed to for the roof?

Nope, this is an actual Mortgage. Filed with forged signatures by this guy:

tampabay.bizjournals.com/tampabay/stories/2009/02/23/daily44.html

( add the http for link to work)

We also found that this same guy signed our loan contract as the seller AND also notarized it, I'm sure that's illegal. Just not sure where to go from here.

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It sounds like it may be a mechanic's or construction lien. Are you being forced to pay more than was agreed to for the roof?

Nope, this is an actual Mortgage. Filed with forged signatures by this guy:

tampabay.bizjournals.com/tampabay/stories/2009/02/23/daily44.html

( add the http for link to work)

We also found that this same guy signed our loan contract as the seller AND also notarized it, I'm sure that's illegal. Just not sure where to go from here.

You need to get an attorney for real estate law.If he was arrested then something was illegal.Have you contacted the da's office and see about his case?:)

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A Largo man has been arrested on seven counts of false or fraudulent acknowledgments by a notary public, the Florida Agriculture and Consumer Services commissioner said Wednesday.

Peter E. Wozniak was charged and booked into the Pinellas County Jail on $14,000 bail, a release said. The charges stem from Wozniak asking the victims to sign an installment payment contract for roof repairs and then notarizing the signatures and allegedly using them without the homeowners' knowledge to file second mortgages with the Hillsborough County Clerk's Office in the name of Home Improvement Services, the business for which he worked.

The Commissioner's Office of Agricultural Law Enforcement worked the case after a three-year investigation that began with a referral to Bronson's office by the State Attorney's office in Tampa involving the business practices of Home Improvement Services. The company was involved in the business of installing new roofs on existing homes.

OALE investigators have identified at least seven victims but suspect that there may be additional cases in which second mortgages were taken out on homes on which the company installed new roofs, the release said.

The state is asking anyone with information on the investigation or who believes that they have been victimized by the company to contact call (800) 342-5869.

First - did you finance the roof repairs. Do you have a structured loan to repay for the repairs?

What you have is a secured loan, chances are the interest rate is lower. If you had an unsecured loan, the rates (payment) could be higher.

If this is a legit loan, there shouldn't be any problem with it. Actually you can use it to your advantage. By sending extra into installment debt oveer a period of time, can improve your credit score faster then revolving (unsecured) debt.

As for the article - in which second mortgages were taken out on homes on which the company installed new roofs. If you had the work done - I don't feel your were victimized.......

Two years ago my wife and I took a 2nd mortgage and upgraded our basement. Got a 15yr loan at 6.75%. (This year we refinanced and consolidated with our 1st mortgage at 4.5% fixed).

The roofing company probably didn't know how to file the paperwork correctly. On the other hand, if they were using a homeowners information and doing loans without any work done. That's a totally different mater....

:-)

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First - did you finance the roof repairs. Do you have a structured loan to repay for the repairs?

What you have is a secured loan, chances are the interest rate is lower. If you had an unsecured loan, the rates (payment) could be higher.

If this is a legit loan, there shouldn't be any problem with it. Actually you can use it to your advantage. By sending extra into installment debt oveer a period of time, can improve your credit score faster then revolving (unsecured) debt.

As for the article - in which second mortgages were taken out on homes on which the company installed new roofs. If you had the work done - I don't feel your were victimized.......

Two years ago my wife and I took a 2nd mortgage and upgraded our basement. Got a 15yr loan at 6.75%. (This year we refinanced and consolidated with our 1st mortgage at 4.5% fixed).

The roofing company probably didn't know how to file the paperwork correctly. On the other hand, if they were using a homeowners information and doing loans without any work done. That's a totally different mater....

:-)

He was working for the company that did the roof.If you contract for a roof.I've never had to take out a mortgage.All the companies, I've dealt with have never asked.If their taking out a second mortgage than that is a criminal offense without your knowledge.you bet,their up to 7 counts and more on the way!A mortgage is quite different than a regular loan.:shock:

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In Florida, nothing suprises me when it comes to fraud. It is our number one industry.

I recommend contacting a local real estate lawyer.

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