Sarasota, FL asked in Real Estate Law, Civil Litigation and Identity Theft for Florida

Q: How to move court for Evidentiary hearing to collateray attack validity of forged mortgage

Partition action Florida, I seek rehearing of Court- ordered summary judgment that forced sale of my homesteaded condo while Discovery by me was still ongoing;

Court completely ignored affadavit and motion to declare fraud, fraud on court, cloud on title due to forged mortgage. Proceeds to be divided end of August. Plaintiffs Counsel argued no proceeds for me( JTWROS) premised on material falsehood that offsets of mortgage payments of FORGED mortgage due to Plaintiff, said mortgage I was not a party to nor had ant knowledge until PL filed partition lawsuit

1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
  • Fort Lauderdale, FL

A: You really should have a real estate litigation attorney represent you in a matter this complex. The validity of the mortgage should be one of the causes of action in the complaint if you are the Plaintiff or raised both as a defense and counterclaim to the action. The affidavit would only be effective as opposition to a motion for summary judgment. Fraud on the court could be raised as an issue aside from a trial, but otherwise you are looking at a trial or some other dispositive action such as a motion for summary judgment to have the court rule on whether or not there was fraud or a forgery in securing execution of the mortgage. You will need competent testimony from an handwriting/document examiner to give an opinion on whether or not the signature in question is a forgery, your saying it is a forgery will not be sufficient.

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