A North Miami-Dade man is looking for answers after his home was sold at a courthouse auction after mortgage fraudsters forged the signature of his dead mother to take out a loan.
The problems started several years ago. A quitclaim deed for a North Miami-Dade home was fraudulently backdated by a group of people, according to Miami Beach Police records. The entire scheme was laid out in a police interrogation.
The problem with the loan application was the property owner who allegedly signed the paperwork was already dead. Even on the loan application, the word’s “passed away” are on there.
The woman’s son, named Kevin (who asked his last name not be used), said he doesn’t think he should be held responsible for the $100,000 owed to TBOM Mortgage because seven years ago, the loan was taken out by those arrested for the mortgage fraud. Police records showed the group spent the money writing big checks, but never repaid the bank.
“This group that’s been arrested basically mortgaged his house, forged documentation to borrow money against his property and now he’s looking down the barrel of losing his house, which was purchased through great effort by his mom,” said lawyer Robert Pelier.
Court filings from TBOM Mortgage said, “K.R.’s testimony confirms that his defenses are without merit and fail to raise a genuine issue that would preclude this foreclosure action. K.R. admits that A.R. and J.R. committed fraud no only on him, but on the lender.”
The lending company said in court filings that it does believe Kevin was not aware of the initial fraud, but when discovered later, took no proactive steps to fix the situation.
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TBOM Mortgage said it is a victim of the criminals as well. Court records showed that to this point, it does have the legal right to foreclose and take the home. A judge’s order showed the North Miami-Dade home was to be sold on September 9th.
Kevin said all of the crime, the fraud, and now the selling of his mother’s home was not what she intended before her death.
“I think that it’s crazy and it’s not fair,” Kevin said. “All the hard work that everybody put in and all the money that’s spent, and to turn around and ignore the fraud and just sell it; it’s just not fair.”
