I wonder just how widespread the issue of document forgery and fraud is within the foreclosure and banking industry. I’m finding these examples more and more (it seems like every rock we turn over has fraud underneath it). We’ve won cases based on these issues….although often the trial courts let the fraud slide through and it takes an appellate court reversal.
Just read the two depositions taken in one of my cases. Pay attention to how this witness who testifies that her signature is forged is pressed over and over again by the bank attorney, trying to convince her that somehow someone has coerced her or put improper incentive on her to just tell the truth….
But her testimony is clear….
11· · · · Q· · Okay.· So you believe, and it is your
12· ·testimony today, that in the week’s time you did not
13· ·have a stamp, that somebody else, another employee at
14· ·Amnet, used their stamp and signed your name, because
15· ·that doesn’t look like your signature?
16· · · · A· · Yes.
17· · · · Q· · Okay.· Can you specify the differences in that
18· ·signature compared to your signature?
19· · · · A· · I usually do my D’s differently and I show my
20· ·R’s more.· Now, you have to remember we are doing
21· ·anywhere from maybe 50 to 150 so my signature does
22· ·usually get sloppy, but you can usually see my last name
23· ·or this part of Melinda I wouldn’t — I don’t do it as
17· · · · Q· · I think that might be it.· Are you concerned
18· ·that your signature may have been forged?
19· · · · A· · Yes.· I mean, this is the second time that it
20· ·happened so I’m waiting to see who else contacts me.
1· · · · Q· · So why would you think someone would have used
·2· ·your stamp on this document?
·3· · · · A· · I don’t know.· That is a good question.· That
·4· ·is what we are all trying to find out.
·5· · · · Q· · Okay.· And after signing lots and lots of
·6· ·documents, you don’t think your signature could have
·8· · · · A· · Yeah, it could have gotten sloppy.· But I
·9· ·don’t think that that is my signature.