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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38931
Experience:  30 years in civil, probate, real estate, elder law
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Hello and thank you for taking time to answer peoples questions.

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Hello and thank you for taking time to answer peoples questions. Someone I know had gotten a signature legally to transfer a quit claim deed, but did not get it notarized. After the signature was received he hired a notary public to notarize it illegally so he could sell the house which he still has not done. The person who introduced him to the notary public is now blackmailing him for money and threatening to report him to the police. The man being blackmailed is 72 and lives month by month on social security and the blackmailer is forcing him to give him almost half of everything he is getting each month. I was wondering how to handle this situation without sending an old man to jail.

RayAnswers :

Thanks for your question and good afternoon.Is it possible for him to go back and do a new quitclaim and sign it properly in front of a notary?And has he filed the original quitclaim here or not?

RayAnswers :

If you can give me some more information I will be happy to help you today.

Customer:

yes he has filed the quitclaim deed. he had to travel to atlanta to get the signature

Customer:

the people he had sign it werent happy about doing it but they did it anyway because they would get half of the money made when the house was sold

Customer:

hello

Customer:

can you see what i typed

RayAnswers :

Well the presumption here is that the quitclaim was valid.The notary here would be the one that had liability.If he filed it after it was notarized then again the presumption is it validly transferred whatever interest the party had in the property.

RayAnswers :

Overall I think he would just consider not paying here. I am not at all sure law enforcement would care about this.It's a private transaction and on the face the document appears valid.

RayAnswers :

The best action here might be no action and have no further contact with these folks.

RayAnswers :

I am not at all convinced anything would happen.

Customer:

Ok, because there was a tax lean on an abandoned property where a man had died and he tracked down the heirs and had them sign off on the quitclaim deed.

Customer:

The man who is being blackmailed is my father

Customer:

my father travelled to atlanta where the heirs lived and got their signatures

RayAnswers :

I mean the police would not be interested in this, they would tell you its a civil dispute.Again on the face this appears to be a valid transaction.Anyone claiming otherwise would need a lawyer and file a suit to quiet title.

RayAnswers :

And again anyone in such a civil suit would have to prove it up, not an easy thing to do.

Customer:

Ok thank you very much for your advice.

RayAnswers :

Why not quit paying here and see if time takes care of this.

Customer:

is there a way i can print this?

RayAnswers :

I wish you the best.Thanks again.

RayAnswers :

If you can leave positive feedback it is much appreciated.Have a great fourth.

Customer:

Thanks, XXXXX XXXXX

Customer:

Excellent service

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Thanks for your recent real estate law question .If you have more in the future please post them for Ray. Thanks again.