Do you ever stop to consider what your signature means to you? When we consider the purpose of our signatures, we also need to consider what the effects are when someone signs our signatures illegally. Someone forging our signatures, to some, doesn’t seem like a big deal, especially when you take into account the current robo-signing<i> fiasco that the media has shoved down our throats. Yes, the banks had people on the inside, signing names of other people on the inside. Although unethical and illegal, these signatures were not the signatures of the homeowners. Therefore the banks, although sanctioned and reprimanded, will not lose the security in your home. Now, when the banks take it upon themselves to instruct notaries to sign your name to documents and notarize them, there is a problem. Another problem is when the media refuses to recognize that this is going on. The media will tell us all about therobo-signing, yet, when sent proof that homeowner’s signatures were forged they turn a blind-eye. Why is that?
The role of our signatures on mortgages and other contracts, not only provides evidence of our identity to the creditors, as the contracting party; it also provides proof of our deliberation and informed consent. How are you informed if you never receive the document? You are not. In addition, when that contract is referenced by another document, it becomes part of that document. If you have not been afforded the right to read the referenced document, and the other document is referring to the referenced document; does it not make sense that both are in violation of the law, and therefore void? After all that is how the law reads, at least to this average person.
In a case now in front of the US 6th Circuit Court, there is such a case. This case has been under litigation for over six years. The homeowners’, after being forced into an unnecessary bankruptcy, won in their pursuit to have their mortgage voided in the bankruptcy court in 2007. Since that time, they have been in the fight of their lives, against the defendants, to stop the bankruptcy court from imposing an equitable mortgage on their home. This couples contention is that the bank lost their right to have a mortgage on their home when they broke the law. Throughout it all, this couple, through the graces of a wonderful attorney, has fought the bank through the US District Court twice, winning both times. Now, on appeal from the bank the case has hit the court of precedence. It is in this court that the homeowners’ hope they prevail, as to establish concrete law to protect other homeowners’ from what this couple has had to endure.
Your signature matters. It is part of your identity. Do yourselves a favor and ensure that no one has signed your name to documents that secure your property to a note. There are too many things boiling to the surface about what the banks have done to homeowners to unjustly strip them of their property. Unfortunately, the media only sees fit to let homeowners’ know about the ones that hold the banks harmless. Go to your local Register of Deeds and check your signature on the mortgage. Make sure that it’s your signature on those documents. If you have to, contact the mortgage company and ask for copies of your note and mortgage. Your signature is important and your valid signature is necessary for the banks to have security in your property. Make sure that they have that security legally.