Fake Documents

Court Guide for Bankers on How to Present Fake Documents Now Available

Foreclosure laws; Can a note be endorsed with a photocopied signature? Yes. Can a “deed of trust be signed in separate but identical documents? Yes.

How to sign documents

REAVLEY, THOMAS M.

DENNIS, JAMES L.

SOUTHWICK, LESLIE H.

Can a note be endorsed with a photocopied signature?

Yes.

Whittier v. Ocwen Loan Servicing, LLC, No. 13-20639 (Dec. 3, 2014, unpublished) (citing Tex. Bus. & Com. Code § 1.201(b)(37)) (“Signed” includes using any symbol executed or adopted with present intention to adopt or accept a writing.”)

Can a “deed of trust . . . upon a homestead exempted from execution,” which “shall not be valid or binding unless signed by the spouse of the owner,” be signed in separate but identical documents?

Yes.

Avakian v. Citibank, N.A., No. 14-60175 (Dec. 9, 2014) (citing Duncan v. Moore, 7 So. 221, 221-22 (Miss. 1890)) (“There is much force in the argument of defendant’s counsel that the statute does not require a joint deed of husband and wife for the conveyance of the husband’s homestead . . . that the substantial thing is the written evidence of such consent; and that this may be as certainly shown by a separate instrument as by signing the deed of the husband.”)

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