Tag: forgery

4th Circuit: Holliday v. Holliday- Equitable Subrogation of Forged Deed of Trust

Summary:

Mrs. Holliday primarily asserted that the refinance documents, on which Mr. Holliday allegedly forged her signature in granting a Deed of Trust to Cambridge Home Capital (Cambridge), were void ab initio and thus ineffective to transfer an interest in the Hollidays’ property. The Deed of Trust was ultimately assigned to BAC Home Loans. (BAC.)

The Court of Appeals restated that a “deed obtained through fraud, deceit or trickery is voidable as between the parties thereto, but not as to a bona fide purchaser. A forged deed, on the other hand, is void ab initio.” Harding v. Ja Laur Corp., 315 A.2d 132, 135 (Md.… Read More

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Bankr. E.D.N.C.: In re Harris- Debtor Not liable for Student Loans Signed by Mother without Authority

Summary:

The Debtor’s mother signed the Debtor’s signature on 11 student loans.  After filing bankruptcy, the Debtor objected to the validity of the claims.

The Court began by reiterating that under 11 U.S.C. § 502(b0, ‘[claims that are unenforceable against the debtor or against property of the debtor . . . are simply not allowable for purposes of a right to share in a distribution of the debtor’s assets.” In re Easthaven Marina Group, LLC, No. 08-05453-8-JRL (Bankr. E.D.N.C. May 7, 2009) (Leonard, J) (quoting 4 Collier on Bankruptcy (15th ed. rev.) ¶ 502.03[2][b][iii]).

Pursuant to N.C.G.S. § 25-3-401, “A person is not liable on an instrument unless (i) the person signed the instrument, or (ii) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented  person under G.S.… Read More

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Bankr. EDNC: In re Sisler- Burden of Proof in Forgery; Requirements in establishing personal guarantee

Summary:

A commercial guarantee and Deed of Trust in the amount of $250,000.00 was executed by Prudential Investors, L.L.C., of which the Male Debtor was 50% owner.  The commercial guarantee defined the “guarantor” as the Male Debtor, but the Female Debtor also signed under the word “Guarantor.”  At the same time, the Male Debtor also signed two $100,000.00 notes that included the words “personal guaranty” under the signature line on an addenda to the notes.

The Male Debtor alleged that he had, in fact, forged his wife’s name to the commercial guarantee.  The Court found that the creditor had the burden of both producing persuasive evidence that the Female Debtor had signed the guarantee. … Read More

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