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Question

What procedures do I use to take my brother to court to prove that he took advantage of our uncle by tricking him into signing over deed to property? Our uncle was under the impression he was signing loan papers.

Submitted: 17 days ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: Texas

Already Tried:
After obtaining the property the brother filed to evict me. We went to JP court and I later appealed. We had a hearing then we went before the judge at County Clerk where my uncle tried to plead his case to the judge but was told we weren't in the right court to hear his plea.

Posted by SmallTownLawyer 17 days ago.

Info Request

Hello -

Thanks for contacting JustAnswer.

How exactly did he "trick" him?

Thanks,

Michael

17 days ago.

Reply

The taxes were behind on the property and he pretended he would get a loan for the taxes and he needed him to cosign on the loan

Posted by SmallTownLawyer 16 days and 23 hours ago.

Answer

Thanks for your response.

You are going to have to file a civil suit against him alleging fraud and asking the Judge to invalidate the Deed. You are going to need to consult a property attorney and discuss the probability of you succeeding in your claim. If your Uncle signed the Deed, and the deed was properly drafted from him to your brother, it is probably going to be hard to prove that it was fraudulently signed. A property attorney should be able to tell you what your chances are - however - if it is simply your Uncle's word against your brother's - your brother has the signature on his side.

Hope this helps,

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

16 days and 23 hours ago.

Reply

What would be the statue of limitations for this

Accepted Answer

The statute of limiations for fraud in Texas is 4 years.

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

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Expert: SmallTownLawyer
Pos. Feedback: 98.9 %
Accepts: 
Answered: 11/5/2009

Attorney

Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense

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