Forged signature - any law broken?

bizzy_lizzy

Ex-partner forged my signature on application form to bank to change a the mortgage from Interest & Capital payment to Interest payment only. Is this either a crimial or civil matter?
The mortgage is in joint names but he is responsible for monthly payments.

axer

Have you an issue with the change? Have you talked to him about it?

Bosco boy

The answer is in the question!

bizzy_lizzy

He gave me the same form back in July to sign and I refused to sign because there were major items left out of the Income & Expenditure form which is part of the application to the bank to change to Interest only payments. (e.g larget car loan was ommitted).

I told him that I would sign it once the Income & Expenditure form had been corrected and re-submitted to the bank, I wrote to his solicitors at the time and it was re-iterated in several letters since on same subject.

He didnt do that and chose to sign the form to changed the terms of the mortgage on my behalf (which is still based on the inaccurate Income & Expenditure form).

Bosco boy

I would think that the signing of such an important document should have been witnessed by a bank offical, the new regulations seem to be working well!!!!!!!!!

bizzy_lizzy

Yes the regulations work, the lending company phoned me to verify it was my signature. So my question is, is there any option for me to persue this as a criminal matter or a civil case and what options are open to me ? Thanks

Improbable

Hmm. I dunno whether it's a civil or criminal matter (criminal would be my guess though). What I find interesting is whether there is an underlying reason for him making the payments but the mortgage being under both your names...

Jo King

You can make a complaint to the guards. If there was any law broken they will investigate and if appropriate, initiate a prosecution.

Reloc8

Its a criminal matter in that he may have committed an offence under the Criminal Justice (Theft & Fraud) Offences Act 2001. Its a civil matter in that he would appear to have tried to change the basis on which you are liable to the Bank, in the event that the Bank sought to enforce its rights on the changed basis. However they seem to have nipped it in the bud.

Note of caution - if the mortgage is in joint names you are liable with him to the Bank, whatever your arrangement with him is.

shaunsweb

Without knowing your personal circumstances: If someone signs someone elses name on any document, it is fraud and should be reported both to the bank (and if you get no satisfaction), to your solicitor.

I don't think the bank should have accepted the signature (unless there was a prior authorisation as signatory) in place

Victor

Improbable wrote: »

Hmm. I dunno whether it's a civil or criminal matter (criminal would be my guess though). What I find interesting is whether there is an underlying reason for him making the payments but the mortgage being under both your names...

I imagine the mortgage was originally set up with both names. The bank want to keep it this way becuase they can then go after both parties if necessary. One party now wants to materially change the basis of repayments ans seems to have forged a signature.

However, all this may be moot if the other party stops paying and the banks sells the house and chases both parties for the amount of the negative equity.