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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 26334
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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ex wife says I forged her name on a construction loan 6 years

Resolved Question:

ex wife says I forged her name on a construction loan 6 years ago...is there a statue of limitations in NC
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney. Thanks for your question.

In terms of criminal law, uttering a forged instrument is a class I felony and obtaining propery by false pretense is a class H felony. Class I felonies carry maximum punishment of 15 months and class H felonies carry a maximum punishment of 30 months.

In North Carolina, there is no statute of limitations for felony crimes. Thus, she still could file charges for this. .
Customer: replied 1 year ago.

we did alot of loans together..I had nothing to do with her signature..this whole process was not even notarized..does this help me

Customer: replied 1 year ago.

additionally she was convicted of bank embezzlement and served time at FCI 15 years ago

Expert:  Roger replied 1 year ago.
If the document were notarized, that would greatly help your position because your have a notary who could testify that the signature was made by your ex. Thus, it really doesn't help you that the document isn't notarized.

However, if its not your signature, a handwriting expert or forensic scientist can analyze the document and signature to clear your name. It's really petty easy to verify signatures and to also determine who did and did not sign a document.

Thus, that will be the biggest help to you.

Also, her background should bide well for you I'm terms of credibility.
Customer: replied 1 year ago.


great..one more thing, I am out of CH 7 and the bank sued her and two of my better off partners for a balsnce they say they are owed..they sold the 3 houses at a lose due to market..the suit was 14 months ago and nothing has happen...it just sits there your thoughts

Expert:  Roger replied 1 year ago.
If you are/were discharged of the debt, then you have no legal liability to the debt and cannot be pursued for it UNLESS there is proof that the loan is obtained by fraud. In that case, the debt would not be dischargeable and the lender could pursue you for the debt. That may be what the hold up is.

The lender may be waiting to see if forgery charges are brought. That's just a thought. It is certainly possible that this isn't the case and that the lender just hasn't gotten around to proceeding with the case.
Customer: replied 1 year ago.

the other partner actually has some assets..I think they are trying to get a settlement or something..ex wife has left state and is re married to a rich man has left all assets behind


 


also..her record is even greater than the bank embezzlement thing and she had a settlement..which was paid for a greater crime of embezzlement..just 6 years ago..I am totally clean..have NEVER done teh things thsat she has done..I do not see how a hand writing person can ever sort out a signature only


I want to believe that she would know what my attorney would do on the stand with her continual criminal rrecord..your thoughts

Expert:  Roger replied 1 year ago.
Character is certainly a big issue I. Any litigation. This, if she has a checkered past with criminal involvement, then that would help you.

Also, if settlement is reached, that would put you in the clear if your bankruptcy discharges you of the debt.
Customer: replied 1 year ago.


last question..you have been of great help..it seems:


 


1. she is better off not making any alligations since her present (and rich husband) knows nothing of her last embezzlement of $500,000+


2. The lender has been actively engaged in discussions with my close partner for some settlement,,,so I think I am just paranoid ..but you have to remember how she has ruined my life due to her last thief


3. My attorney will be the one would made the settlement to keep her out of 10 years , second timer...so I know she would be on a bad path with all this info coming out to her new husband


 


guess I am just shell shocked


 


your last thoughts and many thanks

Expert:  Roger replied 1 year ago.
Making threats is sometimes the best defense. That's what it sounds like she's doing. Also, I think she may. Make things harder on herself if she comes after you - especially if the document isn't a forgery.

With her past, casting stones is not a good idea.
Customer: replied 1 year ago.

I have heard nothing from her for 4 years..the house I gave her burned to the ground, she took the insuarnce money and moved out of state...I only know I have had nothing to do with her signature I am just playing what if

Expert:  Roger replied 1 year ago.
Understood. In that case, the bed thing you can do is really nothing. Just sit tight and hope it goes away.
Roger, Attorney
Satisfied Customers: 26334
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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