Is the current refinanced mortgage loan valid if previous one was forged?

I just want to know if my husband has a valid case and what he should do next. The story is that after buying a house(1998) with his first wife she took out a second mortgage (1999) and forged his name. He had no idea this was happening and kept it hidden from him. She then ran up all the bills, didn’t pay even though they had the money, and took out many personal loans behind his back through out their entire marriage. She convinced him to refinance the 1st mortgage (valid) in 2001. Then a few years later in 2004 she refinanced combining the the 1st mortgage (valid) and the 2nd mortgage(forged) into one loan behind his back, she also added many of her own bills to this loan. This loan done in early 2004 was forged. Then in late 2004 she convinced him again to refinance, he thought that they were refinancing the loan taken out in 2001. During this time in late 2004 he was under several heavy narcotic drugs due to having major neck surgery and didn’t want to sign the loan but she threaten that they would loose the house. In this loan he was also listed as a "homemaker" with no income even though he was employed but on workers compensation because of his injury. He did not want to sign but the person doing the loan said "that’s how we process it." Then in 2006 she got him to refinance again (valid) adding ALL of her bills to the loan then asked for a divorce. Just to give some dollar figures the original loan (1998) was for only ,000 and the current loan (2006) is 6,000.

To explain a little, each time they refinanced (legally) he didn’t want to but she has stopped paying the mortgage for several months already, took out more credit card loans, and gave out personal loans. So if he didn’t they would be foreclosed on. During this time she kept him in debt to the point he was working almost every day with 12 hour shifts. Also she would hide bills from him and refused to let him pay the bills.

The reason he hasn’t filled suit already is because during that time she worked for a county consumer affairs department in the real estate fraud department! She knows all the ins and outs of fraud and how to do it. Plus she is a world class bull sh## artist has actually screwed over many other people including her own sister and cousin (I have no proof and they would not rat her out due to family pressure) Also she has also threatened him during arguments saying that "I know a lot of cops." Her department worked with the local police. At this time we are having trouble paying the mortgage and I want to know that if we do something about it that we could save the house? We are in California and just recently found all this information out a few months ago when we checked our credit ratings. His ex was also a pack rat and I was able to find some of the documents and old bank statements showing that it was her. I also found fax confirmations and paperwork showing she was doing it during work.

Do we have a case that would help him with the current loan or should we forget it? We are more worried about the house than getting back at his ex wife.

*The house was awarded 100% to him during the divorce, she also wouldn’t sign the quit claim deed on time (she didn’t want to and he was willing to pay a notary to go to her house or work) which cause him to be denied a modification that we were in a trail period for.

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    One Response to “Is the current refinanced mortgage loan valid if previous one was forged?”

    1. Betsy Says:

      You need to see an attorney about this situation. Most attorneys don’t charge for initial consultations, but ask about the attorney’s policy when you call for an appointment.