Q: In Florida does forged mortgage create cloud on title
I am jtwros in Florida . Co-owner sold my homesteaded condo via judicial order, while I was hospitized,no Commissioners appointed, without my signature on purchase agreement or any closing documents. During litigation I filed motion for hearing and affidavit that the mortgage was a forgery, fraud, fraud on the court, and I could not provide marketable title to purchasers because Mortgage forgery created cloud on title and I moved fo evidentiary Hearing. Judge ignored pro se ( me) . The sale proceeds are NOT in Court Registry. Hearing to divide proceeds set for August 30, 2019. What should I file right now?
A: A mortgage creates a lien on property. Documents recorded on the public records are presumed to be correct, unless someone brings a legal challenge to the document. So unless there has been a court order declaring the mortgage to be a forged instrument it remains a valid lien on the property, which would have to be satisfied for the property to be sold. Not paying the mortgage will ultimately lead to a mortgage foreclosure. If you felt the mortgage was forged this would be a possible defense to enforcement of the mortgage.
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