I am disputing a mortgage assignment in my name dated 4/6/2013 and a mortgage dated 2005. I was divorced from my ex-wife in 2007. Per the court order, Mary was to retain her property as well as I retain my own. My name and signature appears on a mortgage document pertaining to her address. It is not my authentic signature and was obtained fraudulently, and without my knowledge and consent. In my divorce decree it states that each of us keep our separate properties and place them solely in our name. It also mentions that I did in fact tell the court that the name on the mortgage was not my authentic name and signature. My name is not on the note.
First, you are not capable of handling such a matter "pro-se" unless you have a significant amount of litigation training and experience. You simply need to retain a lawter immediately to addres such an issue. For example, the maner in which you characterize the endorsement will immediately cause some skepticism with the court in that there is a HUGE difference between forgery (which is done without your knowlege and is a fake signature) and one that is obtained fraudulently which would in fact be your actual signature obtained under false pretense. That you use both together is a red flag for a techinique used by pro-se litigants of alleging a bunch of inconsistent facts and then opting to "go with" which ever ones seem to work best with a pre-determined agenda, i.e. getting outof a mortgage debt. Making such a challenege is a VERY complciated and typically expensive endeavor, usually requireing expert testimony and factual evidence, unless some Perry Mason like confession occurs. If you have any further questions or concerns, you can always contact our office at 1-800-922-6442 for a FREE consultation to see if we can assist you further.
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