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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19497
Experience:  Lawyer
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I was married and bought a rental property, we divorced and

Customer Question

I was married and bought a rental property, we divorced and I let the rental go into foreclosure, and 9 years later I just learned her name was on it, and now acquised of forgery?? Hasn't filed yet but told its coming
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.

The statute of limitations in Ohio for a felony is only six years. Ohio Rev. Code, Section 2901.13. Even if she could prove that you forged her signature, it is too late for you to be prosecuted. In addition, forgery requires intent to defraud at the time that the alleged forgery occurs. That would basically mean that she would have to show that you bought the property while you were married, intending to let it go into foreclosure, and that you signed her name without consent.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19497
Experience: Lawyer
Lucy, Esq. and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thx Lucy, yes this wasn't a bank it was financed through the seller, she has a forensic person I heard looking at the signature, we bought it together , and I put the 30 g down and she knowing agreed, we divorced in June of 2005, why would an medina ohio attorney entertain this then?
Expert:  Lucy, Esq. replied 1 year ago.
Six years is the statute of limitations for criminal charges.

Even with a civil case, though, the statute of limitations is 8 years. it's possible that she is paying the attorney to look for some way around the statute of limitations, or some basis for claiming that you violated the divorce decree, or possibly a basis for reopening the divorce judgment or modifying it. Those are a few reasons that a lawyer might investigate even after the time for criminal charges has passed.
Customer: replied 1 year ago.
My attorney, I told him to just do the case, he did now says I didn't tell him about her being on the property, he said now he has to pay her attorney wages to get it expunged off her credit, and wrote me a letter saying since one of my employees has signed for her certified mail, she might go after me for fraud? And has returned my money and said I need to seek legal council elsewhere , I'm not sure fraud applies here either so I'm askin
Expert:  Lucy, Esq. replied 1 year ago.
Fraud requires specific intent to defraud at the time that a person does something. There's nothing in what you've said that suggests fraud. It's extremely common for a person who buys a property to have both spouse's names on the property. It's only fraud if they have evidence that you were planning to divorce, you never intended to pay the loan, and that you knowingly and intentionally signed your wife's name to the paperwork solely so you could destroy her credit. You didn't say that's what happened. And, again, you're way outside the statute of limitations for fraud.

I can't think of any reason your lawyer would be paying your wife's legal fees. That doesn't make any sense, since your lawyer didn't do anything wrong and owes her no obligations.
Customer: replied 1 year ago.
Lucy, I wish I knew, he is saying he violated Ethical rules, cause he didn't know that she wasn't informed of the suit cause the certified mail came to our office, and she didn't hire him for representation, and that I didn't tell him , which I did tell him we are divorced since 2006 , just don't want her to pay fees I'll get them, well my ex found out and tried to say I must of forged her signature on property and my attorney said possible she will come after you for fraud?
Expert:  Lucy, Esq. replied 1 year ago.
She can try to have the divorce decree reopened on the grounds of fraud. But she'd need something more than "You must have forged my name." Again, she needs evidence. She easily could have requested all of this information during the divorce. Not giving her something she never asked for isn't fraud.
Customer: replied 1 year ago.
Well I lost my attorney , and for some reason he feels she could file suit here in Medina Ohio, and are you an attorney? For some reason as thorough as her attorney was at divorce time, and she was paid capital gains 70,000 dollars, and for her attorney not to catch that her name was on the property is beyond me, but I didn't know either till I let it go to foreclosure cause repairs weren't worth the value of it
Expert:  Lucy, Esq. replied 1 year ago.
I am a licensed attorney.

The lawyer who represented you on the initial case is going to have far more information than I do about the situation, since he saw all of the evidence and all of the arguments that were made. I can only provide information based on what you're telling me. From what you've said, if she tries to sue you, you would have the option of raising the statute of limitations as a defense. You also have the option of forcing her to prove the allegations. In a fraud case, she needs clear and convincing evidence of fraud. It's not enough that she found out 7 years after the divorce that her name was on a property that she doesn't remember agreeing to buy.
Customer: replied 1 year ago.
Why Thankyou, Lucy I appreciate the advice, she is also upset I will not let her new husband adopt our 11 year old daughter, so I figure this is probably the motive behind all this, because I really didn't expect the drama to continue after her remarrying, I spend a lot of time with madisyn but wanted advice on the matter to see what I'm in for Thankyou so much Mark
Expert:  Lucy, Esq. replied 1 year ago.
You're welcome. I hope it all works out. I will say, the timing on all of this is rather suspicious.
Customer: replied 1 year ago.
Yes, I feel the same, I have hired another local attorney to deal with, nothing has been served but I assume from the heads up I got yesterday it's in the works, caused they ask this person to give a statement , she declined and doesn't want involved , just called and told me yesterday to watch my back was all
Expert:  Lucy, Esq. replied 1 year ago.
Hopefully the new attorney can get it all sorted out. It's also possible that she's filing for a change in custody and that the fraud talk was just to scare you.
Customer: replied 1 year ago.
I appreciate the in site, yes maybe, but she also knows that would hurt Madisyn, and she would loose 1300.00 a month avg. cause. I pay 1/2 of all extra activities, gymnastics etc, we will just have to see how it all plays out Thankyou so much Mark
Expert:  Lucy, Esq. replied 1 year ago.
You're welcome. Have a good evening.

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