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Is Fraudulent Signing As Someone Else For Loan Against A Property Illegal?

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suzcherkin | 23:14 Fri 03rd Feb 2012 | Law
7 Answers
I bought a house with my (now ex) partner, we are both on the mortgage & both on the deeds. I had to leave him and the house due to his violence, and we have never resolved the property (him buying me out etc), a good few years later he contacted me asking me to sign a document to allow him to take a loan out against the house, I refused. I have just found out that he has since taken two loans against the property without my knowledge / consent / authorisation / signature, they were for £30,000 for 15 years & £20,000 for 8 years, which means I am liable for half of £50,000. I found out when I went into my local branch to ask for a balance which is required by my solicitor as I am now trying to get the property sold through the courts. I have asked them to forward all the relevant documentation to me. They also confirmed that they would have needed my signature to have authorised these loans. Questions, Is this a criminal offence? Will the building society automatically prosecute him? What is the penalty? What should I do next?
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Actually triplicate - Law, Civil and Criminal sections
in your perspective you will be fine, just make sure you get resolve. luckily you found out
I think you should be able to have this resolved in your favour. That should be your priority.
Yes it is a criminal offence but I suggest you leave the bank to deal with that issue.
Yes your ex partner would have committed an offence in making a false instrument in order that it maybe accepted as genuine, thereby causing harm to others and it should be reported to the police, your building society and the lenders, the difficulty may be in proving you did not sign the loan documents, who was the witness to your signature?

These will be secured loans the £20K loan is usually regulated by the consumer credit act unless the lender is the same as that which loaned the money for the purpose of buying the house, if your ex partner does not maintain the payments on these loans your joint property could be sold.
I suggest you do not delay but contact a solicitor as a matter of urgency.
Definitely illegal - he's forged your name - see your solicitor without delay.
A handwriting expert should be able to tell it is not your signature.
What I think has happened your ex partner took a lady with him and convinced a witness she was the joint owner of the land ie you.
As you did not authorise the loan you will not be liable.

Martin

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