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Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 23604
Experience:  20 years trial experience in defense of criminal cases
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I was tricked into signing a settlement agreement by two people,

Customer Question

I was tricked into signing a settlement agreement by two people, the agreement will cause me to loose my house to one of them, I was told i would have to prove fraud to stop this, so Iam asking what would they have had to of done to get me to sign the agreement for it to be fraud. please give me some examples that would establish fraud.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Law Pro replied 3 years ago.
What was the initial settlement agreement concerning?
Customer: replied 3 years ago.

A family member that is not on title to my property and does not have my power of attorney, try to steal my property by using a recorded forged deed, and sale it to some people who open escrow, (alot of people have been trying to buy this property to build apartment units on it) while in escrow the buyer found out that there was something wrong with the forged deed and that the seller did not own the property and that I owned the property. The buyer sued the people who was trying to sale the property to them for quit title and specific performance, the buyer sued me for the same thing wanting me to give the crooks a good deed so they could buy the property from the crooks while they are still in escrow. I am repersenting my self and their attorney told me I will loose the case because they have a sign contract thats binding and the laws are in their clients favor, and there lawyer said a lot of thing making me believe that II did not have a chance to win, and he said when I loose his client willl get all the property for free and I will get nothing, so they will give me half of what the property is worth in cash, they said its better to get half of $250,000 than not get anything. .I do not owe any thing my property. So yesterday I signed an agreement to sale the property to the buyer for $125.000 loosing at lease $125,000 if I can't prove fraud. please tell me what they would have had to of done or said to prove fraud. Think You

Expert:  Law Pro replied 3 years ago.
Did you sign the original contract?
Customer: replied 3 years ago.
yes
Expert:  Law Pro replied 3 years ago.
Why did you sign the agreement?
Customer: replied 3 years ago.
because they made me believe I was going to loose, and it I lost i would loose every thing.
Expert:  Law Pro replied 3 years ago.
How did they make you believe you would lose?

Who told you that and what did they say to make you think you would lose?
Customer: replied 3 years ago.
Their attormey told me that the buyer is a boni fide purchase and by law he will win the case and and get the property.
Expert:  Law Pro replied 3 years ago.
That's only applicable under limited circumstances. Did you get an attorney to review the forged deed?

Too, if found that the BFP did take the house - you would still have a cause of action against the family member who forged the deed. In fact, you would be able to pursue a civil action and file a criminal action in the matter and the District Attorney would have pursued the matter.

Moreover, if there hadn't been a closing yet - you didn't have to sign over the deed.

When did they tell you this? Did you sign over a deed to that buyer?
Customer: replied 3 years ago.

I had a document examer look at the document and he said someone signed the document other than me.

 

They are trying to get me to execute a deed to them today.

Expert:  Law Pro replied 3 years ago.
Then absoutely don't sign the deed!!!!!!

A BFP kis only applicable when they get a title - they are being fraudulent and misrepresenting when a BFP is applicable.

What I would recommend is that you go to a local small bank and ask them whom they use for their real estate transactions and then contact and retain them.

You do not have to sign over the deed - they have misrepresented your liabilities in the matter.

What I would inform them is - that your going to retain legal counse AND go to the District Attorney's office and file a criminal complaint in the matter.

Do not sign over the deed - they have used duress and fraud to misrepresent the matter to you.
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 23604
Experience: 20 years trial experience in defense of criminal cases
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