I have a fraudulent mortgage in my name. The home was foreclosed on and the lender most recently was jailed. My name and good credit was used to purchase a property. What are my rights?
To put a mortgage in a parties name they would need your address, social security number, credit report, tax returns or 4506t form, proof of income (paystubs) and bank statements, application of loan and notarized signature which would require a photo ID, license, etc. Either you are part of an enormous conspiracy bent on destroying your life, you have been subjected to a fabulous state of the art cloning project or "Pod People" replacement program (see Invasion of the Body Snatchers or 6th Day with Arnold Schwarzenegger) , or there are details regarding this matter that you have failed to state. More likely Realistically, to prove fraud and forgery on this scale against a large lending institution will take a great deal of time and attorney fees. If it is against a sleazy mortgage broker (who would have had to have remarkable resources), you may throw good money after bad if they have no assets. However, you should definitely send certified letters disputing the debt to the credit bureaus and fill out fraud affidavits for the lending institutions. You may eventually have a Fair Credit Reporting Act case if the reporting is not removed. You may be able to assert a claim under the Banking Code and Unfair and Deceptive Acts and Practices. Also you should check land records and your credit report to make sure you are not listed on any other mortgages. Finally, consider whether you have given your Power of Attorney to any parties that might abuse it. It would still be near impossible to pull this off with just a POA, however all things are possible in this world.
If your name was stolen without your consent you are a victim of identity theft. You'll find many useful steps at www.ftc.gov but also want to get a lawyer in this case.
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