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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87606
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello Ely, not sure if you will remember me, but here it goes.I

Resolved Question:

Hello Ely, not sure if you will remember me, but here it goes.
I followed your advice, and I wrote a one page paper ULTIMATUM to the man owm FORGED my name. dose it ring a bell ?
Anyway is it possible for you to read this one page and give me advice or im I going to be in trouble.

i would send you what you wrote me but this window text thing dosent allow me to put much text.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend and thank you for requesting me. Yes, I remember, of course. Sure, I would be happy to take a look.
Customer: replied 1 year ago.

XXXXXXX, I'm writing this letter to give you an opportunity. You have committed a crime. This Crime is Forgery, the sentence is Jail and/or a large fine. Although we are willing to give you a ultimatum. You forged Mary Ann name for your own and only benefit. If your children were the reason; you would simply take XXXXXX out of the loan in which you would have the same exact outcome except this serious crime. Your intention are clear, due to this is a crime for a reason. You attempted to intentionally harm XXXXX . You had a choice, you choose this criminal act. We have the DEED and all the LIENS to the DEED. This Includes all Signatures Starting from the purchase in 1998 to your last refinancing in 2006 in which you forged XXXXXX name. Serious consideration must be taken Mr. XXXXXX, it is essential to your future outcome. Negative outcome: If you decide to defend yourself in court, you will lose and all others culprit. This will be unfair to your Girls, they will be in disarray and fear. It may be traumatizing for all your Girls. Also Losing will cost you Jail time and/or Very large fine, the cost of your Lawyer, the cost of the writing expert, court cost and the cost of our Lawyer. Meaning your name will be taken off the Loan nevertheless and the house will be sold to us at a reasonable price (appraiser rate), and you will lose Custody of your daughters due to the severity of you crime. OR Positive outcome: If you decide to cooperate. The Girls will be living at the same house whit XXXXXX (Mother) at the house, just the same as it is now except the children will be living whit their mother instead. This will make the transition very easy for the Girls because they will stay in the same school and keep their same friends. You will be a free man, and we are willing to give you a 6 month free of no child support to help you get on your feet. Also you do not have to worry about your children care they will be well care for. Your children will be able to visit you on the term as agreed upon on the new consent order. If you don't do it for yourself, do it for your Girls. ultimatum First; You will refinance the house into your own name and leave XXXXXX out of the loan. Second; You will sell us the house at a fair rate (appraiser rate). Any further damages after appraisal you will be responsible. Third; you will sign a new Consent order making Mary Ann Weippert Legal custody and physical custody of the children. You have 6 week to decide, if we see any aggression against us or your girls we will void this opportunity and simply prosecute at the full extent of the law. On a Friendly Note. We understand you are their Father and this is why we are writing this letter. We are giving you a way out a chance to redeem yourself and make it easy for your Girls. If you do not comply and take this opportunity, I am afraid the consequences will be very serious. I try to format this so it is easy for you to read. Just Answer should have a way to upload stuff like picture or documents. Thank you very much Mr. Ely you have been of GREAT help.

Expert:  Ely replied 1 year ago.
Friend,

The letter is good but it sounds like extortion. Under Maryland's § 3-706:

A person [is prohibited], with the intent to unlawfully extort money, property, or anything of value from another, may not knowingly send or deliver, or make for the purpose of being sent or delivered and part with the possession of, a writing threatening to:
(1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or
(2) (i) cause physical injury to a person;
(ii) inflict emotional distress on a person;
(iii) cause economic damage to a person; or
(iv) cause damage to the property of a person.

While you are not requesting money, the letter nonetheless has a very devious tone to it. Also, do you really want this letter to be shown by him later on in Court? How will this make you look?

A better letter may be one that:

1) Lets them know that you believe that they had done something inappropriate and
2) Asks for a meeting to discuss this matter amongst other things.

It is best to be general here, and not that threatening.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.
It is impossible to talk with him, he is very aggressive.
so i will go for a better letter i guess, but thank you very much, i din't want to get in trouble.

Can you write the letter so i'm not extortioning him? of course not for 20$

I don't really need a legal paper, but a way to say the same white out being in trouble.
i will press the accept button on the next respond, im afraid if i press accept i will lose communication.
Expert:  Ely replied 1 year ago.
P,

You are not going to "lose" me - do not worry. You can always copy and paste this link below...

http://www.justanswer.com/law/7srkr-hello-ely-not-sure-will-remember-me-goes-i.html

...to get back to our conversation.

JustAnswer experts cannot draft documents for customers, but, I can indeed write such a letter as an EXAMPLE. I would ask that you request me for this as a new question, of possible, here.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.
yes thank you very much Mr. Ely. A letter as an Example sound great.

yes great idea I will give nice bonus, i'm very happy whit your advice. I could of been in trouble. Thank you again.
Expert:  Ely replied 1 year ago.
P,

Okay, my pleasure, please hold for a second on while I provide an example.
Customer: replied 1 year ago.
Ok I will, thank you again Mr. Ely.
Expert:  Ely replied 1 year ago.
Dear __________,

This correspondence is in regards XXXXX XXXXX recent acts with the deed, which may or may not amount to forgery, which is a criminal act in Maryland.

At this point, we are willing to discuss not filing a criminal complaint for this matter. A request is hereby made that you contact us to discuss an appropriate remedy for this matter by (date). If not response is received by this date, then we will assume that you do not wish to discuss this matter and may have no choice but to pursue with a criminal complaint.

You may reach us at any time at (telephone).

Sincerely,

Signature

Name


Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87606
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.
Customer: replied 1 year ago.
This is For Attorney Mr. Ely

Hope you remember me! the possible extortion !!

I will be sending the letter you wrote soon.
I changed the "A request is hereby made that you contact us to discuss an appropriate remedy for this matter by ______

Changed to

"A request is hereby made that you contact us trough your ATTORNEY to discuss an appropriate remedy for this matter by ______"

Because the man is a caveman, he can't talk whiteout welling and swearing all the time. I rather talk to his layer.

My question: can I make arrangement for him to take his name from the loan, sell his left over share to me and change the children legal custody to me whit out having to go in front of a judge. Will this be like a consent Order for all this a be signed by him and me and be done whit this. Realistically is this possible and have this done in a month or 2??

and is it a bad idea to talk to his layer instead of him.
Expert:  Ely replied 1 year ago.
Hello,

You cannot make him get an attorney, but, the phrasing really does not modify the letter much and if he wants to, he can call you or have his attorney call you so it should be fine.

My question: can I make arrangement for him to take his name from the loan, sell his left over share to me and change the children legal custody to me whit out having to go in front of a judge. Will this be like a consent Order for all this a be signed by him and me and be done whit this. Realistically is this possible and have this done in a month or 2??

Taking his name off the loan does not require the Court. As for custody, this may be modified if both of you sign off on the paperwork, and if so, then only you would have to go to the Court and have the matter changed by the Judge in a quick uncontested hearing.

Depending on how quick he is respond, it can be about 2 months - sure.
Customer: replied 1 year ago.
is all of this done in a consent order? or is it called something referent.

Thank you again for all your help Mr. Ely

I have been trying o give you a very good review, but I don't know how. This Just answer do sent make as easy as Amazon for example or Ebay. If you have a link so i can give you a nice review please past it bellow i will be very happy to do so.
Expert:  Ely replied 1 year ago.
This would be filed with a Petition to Modify Custody which would also contain an "Agreed Order" that both parties would sign off on.

I have been trying o give you a very good review, but I don't know how. This Just answer do sent make as easy as Amazon for example or Ebay. If you have a link so i can give you a nice review please past it bellow i will be very happy to do so.

You can simply press the ACCEPT/POSITIVE RATING button if you wish to do so.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87606
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Hi Mr Ely, me again.

the letter you helped me write was sent a couple week ago to his Layer.

if he put my name out of the loan, let say tomorrow can i still pursue with the criminal complaint.

how long can i wait before I pursue with a criminal complaint. Is their a time limit, because i don't want him to finagle his wait out of this. I'm thinking maybe his layer may have a idea for him not to be charged.

can i wait a year or 2 ?
thank you again for you help
Expert:  Ely replied 1 year ago.
Hello,

Yes, you still can pursue this because even if he remedies the fraud, he still did it in the first place.

There is a statute of limitations of 2 years.
Customer: replied 1 year ago.
wen is the beginning of the 2 year starts, because the fraud happened in 2006.
Expert:  Ely replied 1 year ago.
For criminal, yes, from the time it occurred. So if this was in 2006, it may be out of statute.
Customer: replied 1 year ago.
so that means he CAN'T be charged whit the crime?

if yes, wen we go fight for the house, can we make him pay for all our legal cost ?
Expert:  Ely replied 1 year ago.
Hello,

He may not be criminally, it seems, if this was back in 2006.

However, you may still be able to pursue him civilly. If you win in a civil trial, the Court may (at its discretion) attach legal/attorney costs to judgment.
Customer: replied 1 year ago.
sorry if i'm sending this 2 time i will accept next time, i don't want to waist your time mr, Ely

I think you meant 12 year mr. Ely see link below.

under written contracts under seal.

http://www.statuteoflimitations.net/maryland_statute_of_limitations.htm
Expert:  Ely replied 1 year ago.
Patrick,

That link deals with CIVIL statue of limitations, not criminal. Civil statute of limitations differ from criminal statute of limitations.

As I had stated earlier:

1) It may be too late to for him to face criminal charges; but

2) You may still pursue him in civil court.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87606
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Legal Specialists are ready to help you

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