vederveder333 Posted December 9, 2009 Report Share Posted December 9, 2009 Anyone know if the state of FLA has statute that says a faxed signatue for promissory note may not hold up in court?I am needing this info in a hurry if possible.The faxed signature I am looking at looks fraudulent. Or perhaps altered?The promissory note is secured as a second mortgage, on a home that is underwater. I know I haven't given enough details, but maybe I can later.Thank you! Link to comment Share on other sites More sharing options...
nascar Posted December 9, 2009 Report Share Posted December 9, 2009 Whether the document "will hold up in court" depends upon how you or the other party attempt to introduce it and what it is intended to show. Link to comment Share on other sites More sharing options...
mcb11902 Posted December 9, 2009 Report Share Posted December 9, 2009 Most of the Florida courts are requiring the filing of the original note before a foreclosure is granted or at least that the attorney produce the original note at the summary judgment hearing even if they don't have the attorney file it. And I'm talking commercial foreclosures here; they're even more stringent on residential foreclosures. We do, however, file other documents with faxed signatures. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted December 9, 2009 Report Share Posted December 9, 2009 Are you objecting to it because it is your signature? Did you raise fraud or the statute of frauds as a defense? Is the signature notarized? If so, have you spoken to the notary? Link to comment Share on other sites More sharing options...
vederveder333 Posted December 9, 2009 Author Report Share Posted December 9, 2009 NO I DIDN'T HAVE THE SIGNATURE NOTARIZED. THE DOC DID NOT HAVE A NOTARY AREA ON IT.IT IS SUPPOSED TO BE A VERY CRUICAL SIGNATURE ON THE PROMISSORY NOTE. IT MAY HAVE BEEN 'CUT N PASTED' OR FORGED BY AN EMPLOYEE AS I HAVE NO CLEAR RECOLLECTION OF THIS FAX.IT JUST SEEMS TO ME ALTHOUGH THE SIGNATURES IS ALL OVER ALL THE OTHER MORTGAGE DOCS, THAT THE PLANTIFF WILL USE THAT AS THEIR DEFENSE THAT....SURE WE DON'T HAVE THE ORINGINAL SIGNED IN INK SIGNATURE OF THE DEFENDANT, HOWEVER HIS SIGNATURE IS ALL OVER THE OTHER PAPERS. THE INTENT WAS THERE, THEREBY WE WANT A JUDGEMENT.ANOTHER QUIRKY THING....THE CREDITOR DOES NOT WANT TO FORECLOSE ON THE WAY UNDERWATER HOUSE. THEY JUST WANT TO COME AFTER US FOR JUDGEMENT. MAYBE THEY THINK THEY CAN GET WAY MORE FROM THAT COURSE.AT THE 1ST SUMMARY JUDGEMENT HEARING THEY WERE GRANTED THE JUDGEMENT AGAINST ME, BECAUSE I ADMITTED IT, AND THEY HAD MY SIGNED IN INK SIGNTURE, BUT JUDGE DENIED WITHOUT PREJUDICE MY SPOUSE SINCE THEY OUTRIGHT ADMITTED THEY DIDN'T HAVE HIS ORIGINAL SIGNATURE ON THE PROMISSORY NOTE. SO THEY ARE GOING ROUND TWO WITH US. WE REALLY DIDN'T THINK THAT A BANK WOULD HAVE THE GUTS TO FORGE OR ALTER A LEGAL INSTUMENT, SO THE THOUGHT OF USING THAT AS A DEFENSE WASN'T IN THE PICTURE AT THAT TIME. SINCE THEN I WENT TO ANOTHER ATTY, AND HE SAID THE SIGNATURES LOOKED TAMPERED WITH. WISH I WOULD HAVE THOUGHT OF THAT BEFORE MY HUGE JUDGEMENT WAS GRANTED AGAINST ME CAUSE THEY PROBLEY WOULD HAVE RAN FAST THE OTHER DIRECTION IF WE WENT THAT ROUTE IN OUR DEFENSE. WHO KNOW? GEEZ. EVERY WAY I TURN SEEMS TO BE TROUBLE. THAT IS WHY I'M TRYING TO GET A STATUTE OR LAW OR ANYTHING TO HELP MY CASE. I CAN'T AFFORD ANY MORE LAWYERS AND AM GOING PRO SE (I KNOW..I KNOW..) ON THE REST OF THIS.SO THEY DIDN'T GET MY HUBBYS SIG ON THE PROMISSORY NOTE, THEY CLAIM THEY FAXED IT TO HIM 4 OR 5 DAYS LATER..THAT HE SIGNED THE FAX (2 PG WITH A COVER SHEET). THE LOAN DOCS BTW ARE AROUND 11 PGS. EVEN IF HE DID SIGN A FAX TO THEM, COULD THAT BE LEGAL, AS HE ONLY SEEN 2 PGS? GEEZ, WHAT A MESS. THIS HAPPENED IN BEGINNING OF 2007 AND HE IS SUPPOSSED TO REMEMBER THAT. HE HAS A LOT OF BUSINESS GOING ON, AND WHAT IF THEY ARE JUST COVERING THEIR BUTTS AND CUT N PASTED HIS SIG ON IT, OR FORGED IT? IT'S A FAIRLY GOOD LOOKING SIG, BUT LOOPY'ER THAN HE NORMALLY SIGNS. AND MY SIG UNDER IT LOOKS DIFFERENT THAT THE 'ORIGINAL' DOC I SIGNED. LOOKS SIMILAR, BUT A TAD DIFFERENT. COULD THEY STOOP THAT LOW, OR WILL JUDGE JUST OVERLOOK SOMETHING LIKE THAT?HAAA, JUST THINKING HOW CRAZY THIS MUST SOUND TO YOU ALL...;") Link to comment Share on other sites More sharing options...
Recovering Attorney Posted December 9, 2009 Report Share Posted December 9, 2009 Assume teh court will take teh document. You need an expert to prove the forgery to establish a question of material fact Link to comment Share on other sites More sharing options...
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