Q: Someone forged a contract to get money out of me over a No Further Action Letter. Can I sue this contractor?
I had a cash buyer for my home. The oil tank was lifted. I was there when it was lifted. I did not sign a change order for any additional work, or remediation. I am a Property Manager and would bid it out for the best contractor if the work truly needed to be done. I believe this guy was a fraud and he had no PID meter to show me the soil contamination reading. This contractor forged my signature to get more money out of me. This fact was confirmed by my closing attorney. I let the house foreclose and want to sue over the loss of the equity in my home. The contractor knew there was equity in the home and was lookig to take what he could. He has never even sent me a bill and he has not bothered to come after me for money because he knows he commited fraud. Can any attorney help get the process started on this?
This has nothing to do with the foreclosure. Someone responded about doing a BK. Not at all the way I am going with this. The lender got 100% of their money.
A: Although you can sue the contractor, this will not be cost effective. Since the house was foreclosed on, you will need to file a Bankruptcy in order to avoid liability for the deficiency judgment when the property is sold at sheriff sale. Even if you win against the contractor, the Chapter 7 Trustee will almost certainly require the money you recover to be part of your estate in Bankruptcy.
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