Help - Husband forged signature on loan paperwork

mamma2woofers

Hi,

I hope you can help...

Cut a long story short... My father and sister have been forging my step mums signature on various paperwork for the past 4/5 years.

They have finally divorced however she has discovered that my dad forged her signature on a bank overdraft that has been secured on their house.

What I really want to know is if she has to pay it? or as he forged her signature... and admitted it in divorce court if he;s responsible.

Its really getting her down, its a large amount, and she cant afford to pay it back. The house is up for sale, but has been left to her in the divorce, and obviously as its secured on house will come out of sale but as i say she cant really afford it..

Anyway.... any advice appreciated.

zppp

mamma2woofers wrote: »

Hi,

I hope you can help...

Cut a long story short... My father and sister have been forging my step mums signature on various paperwork for the past 4/5 years.

They have finally divorced however she has discovered that my dad forged her signature on a bank overdraft that has been secured on their house.

What I really want to know is if she has to pay it? or as he forged her signature... and admitted it in divorce court if he;s responsible.

Its really getting her down, its a large amount, and she cant afford to pay it back. The house is up for sale, but has been left to her in the divorce, and obviously as its secured on house will come out of sale but as i say she cant really afford it..

Anyway.... any advice appreciated.

You will need to get your friend to report this to the police as this is obtaining funds by deception and forgery by her ex-partner. Might seem harsh, but that is going to be the only way to get this resolved I think.

immoral_angeluk

Did she report it to the police? If not, why not?

ednamay78

immoral_angeluk wrote: »

Did she report it to the police? If not, why not?

This story happened to my husband, he went to the police and she was done for fraud. However in my husband case they were reluctant to take further as from their view my husband could have and probably would have benefitted from the money !!!
I really hope that you get something sorted and my heart goes out to her xx

zzzLazyDaisy

mamma2woofers wrote: »

she has discovered that my dad forged her signature on a bank overdraft that has been secured on their house.

<snip> and admitted it in divorce court .

<snip> The house is up for sale, but has been left to her in the divorce, and obviously as its secured on house will come out of sale but as i say she cant really afford it..

.

There is too little information for anyone to be able to make any sensible input:

If the house was transferred to her as part of the divorce proceedings, the charge on the house would have been known to her and her lawyers, as it would be registered at the land registry. Plus the fact that he admitted to this in court.

So she would have known what the value of the house was, once the charge was taken into account, and accepted the settlement on that basis.

So regardless of the rights and wrongs of what happened, she accepted the settlement in the full knowledge of the charge over the house.

I'm not sure why she is now saying this isn't an acceptable settlement as this should have been raised at the time.

(that is leaving aside the fact that an overdraft on a personal bank account is not normally secured against property).

The most sensible thing would be for her to go back to the solicitor who represented her in the divorce and ask these questions.

mamma2woofers

1)No, it hasnt been reported to the police. If thats what needs to be done then she will do it, its hard however... as this is my father we are talking about (and i dont want to see him in prison - so if there is a way to get this sorted without it i would obviously prefer it)

2) it was the business overdraft that was secured on the house, they had 1 house, 3 businesses, the final agreement was.. that he kept the businesses, and then she had the proceeds of the house to buy herself and their 3 kids somewhere.

I dont know all the ins and outs but thats the gist of it. My sister was doing the books for the companies and between them they have often signed my step moms signature, so she is finding out rather alot from the divorce. There is still alot coming out of the woodwork.

She was aware and signed the paperwork for a business loan secured on the house, however did not sign the overdraft paperwork... and only found out about this through the divorce.

I thought id see if anyone could give advice here as your forever hearing now about incorrect loan paperwork etc now meaning the loan is invalid, and was wondering if this was the case with this situation also

ILW

mamma2woofers wrote: »

1)No, it hasnt been reported to the police. If thats what needs to be done then she will do it, its hard however... as this is my father we are talking about (and i dont want to see him in prison - so if there is a way to get this sorted without it i would obviously prefer it)

2) it was the business overdraft that was secured on the house, they had 1 house, 3 businesses, the final agreement was.. that he kept the businesses, and then she had the proceeds of the house to buy herself and their 3 kids somewhere.

I dont know all the ins and outs but thats the gist of it. My sister was doing the books for the companies and between them they have often signed my step moms signature, so she is finding out rather alot from the divorce. There is still alot coming out of the woodwork.

She was aware and signed the paperwork for a business loan secured on the house, however did not sign the overdraft paperwork... and only found out about this through the divorce.

I thought id see if anyone could give advice here as your forever hearing now about incorrect loan paperwork etc now meaning the loan is invalid, and was wondering if this was the case with this situation also

There is a world of difference between trying to say a contract is unenforcable due to minor details, and what appears to be deliberate forgery and fraud which is a criminal matter.