Mortgage Signature Fraud in NJ - What Happens When The borrower Claims "That's Not My Signature"?
--> In this post I discuss the issue of mortgage fraud as it relates to a borrower's claim that the signature appearing on the mortgage is a forgery. On September 19, 2012 I am scheduled to try a case involving this very issue on behalf of a private mortgage lender seeking to enforce a mortgage pledged as collateral in connection with a business loan transaction. Mock v. Bae, et al. , Superior Court of New Jersey, Chancery Division, Bergen County, Docket No.: F-58854-10. Click here to download a copy of my trial brief filed with the Court. Succinctly summarizing from the trial brief, in New Jersey duly executed, notarized and recorded mortgage instruments are presumptively valid and enforceable, and are presumed to have been made for good and valuable consideration.. In re Shaw , 51 F.Supp. 566, 568 (D.N.J. 1943), and N.J.S.A. 12A:3-308. Under New Jersey law, a mortgage instrument must be duly acknowledged, prov...