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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26148
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I inherited property from my father by grant deed. At that

Customer Question

I inherited property from my father by grant deed. At that time, his taxman who was a notary did the notarizing so it was valid transfer of our family home of 40 years. He had known my dad for ten years. This taxman then claimed that he would help me get a loan I on my other home that was in foreclosure. Then he started looking for hard money lender and told me to sign the Quit Claim Deed, forcing me to forge my husbands signature. We were not on speaking terms and there was a restraining order between us. Next, he claimed he couldn't save my foreclosure and created his own Affidavit Contract and borrow the loan money 270K AND I could keep 75k. He made the payments on the loan out of his checking account off and on . This taxman has blackmailed me for 3 yrs. Now my atty filed a FRAUD lawsuit but can my husband file something? I have lost both houses, my inherited property worth 750k was paid off.Now a private investor did non judicial foreclosure and he owns it!
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

If you forged your husband's name, it is possible that he could have legal recourse against you for uttering forgery. This could be criminally and/or civilly pursued.

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26148
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 7 other Real Estate Law Specialists are ready to help you
Customer: replied 2 years ago.
This Was more complicated. On the day the taxman who was also a real estate broker had coerced me to sign the Quit Claim Told me that he was unable to reach my husband who lived over 3 hours away. He claimed the quit claim was for taxes which he was filing for me as Head of Household. At that time, he said he would look into finding a Lender. I didn't even have a job, no money to have a funeral for my father and the state had cleaned my fathers saving acct. Please keep in mind that this broker/taxman is a con artist who scams many people which I found out later.He NOTARIZED the quit claim, submitted it to the Lender and not sure who recorded it. Next, he took me again to Lender and had me sit with the loan officer while he talked to the Manager.I believe he told them HE was going to make the payments on the loan. This was a home equity line of credit, I had NO JOB and since found out that he sent in phony 1099 for 2008 and 2009 claiming he payed me 35k. I had no idea that he was doing all this because HE had 6 houses in foreclosure.My husband and I live together and he knows that I was a victim of f
Expert:  Roger replied 2 years ago.

I understand that you may have been conned, but if you signed your husband's name to a legal document without a power of attorney or other written authorization of any kind, it is forgery.

 

You certainly can claim that you were placed under duress and signed under pressure, etc., and that may alleviate your culpability, but that is something that would have to be addressed and resolved in court.

Customer: replied 2 years ago.
I understand your point.We have decided to turn these people in to the fbi last week. They have conned many people in loan modification scams. My atty has our case going to discovery/trial. The Lender switched loan documents. Right now I just want my property reverted back to us. He tried to file transfer of my property to himself after my father died. He had me sign a power of atty over to him claiming it was needed to get money back that the state took from his savings acct. I trusted this creep because he said he was a CPA and re broker unable to talk to my husband. This "taxman" told me several people tried to file grant deeds on my inherited property, I'm sure He was one of those ppl. The so called Lender is all over the internet for misrepresenting themselves and were investigated by the DRE for fraud. These are all brokers who premeditated all of this long b4 I even even went into there office.Right now we need answer if my husband can file a quiet title action or not to have property reverted back to us.We also need to know was the loan valid if they were accepting loan pymts from one broker and giving them to another broker/re investor.?
Expert:  Roger replied 2 years ago.

If all of the deeds are fraudulent, they should be cancellable through a quiet title action, and have the property transferred back to him.

 

As for whether the loan is valid, I can't say based on what I've read here. Determining this would take a review of the loan documents to see whether or not there are grounds to challenge the loan.

Customer: replied 2 years ago.
I need to know if both my husband and I have to file a quiet title action together or just my husband alone and how long does the court process usually take? The other part with the loan and finding out that this taxman a newly licensed broker went to the Lender and told the loan officer and manager that we were real estate partners and that HE was going to make the loan payments. Now, at that point, shouldn't the loan have been DENIED or not accepted as he was not owner or co-owner of my property? Of course, he was swindling me, but the Lender has many years of swindling exp. And they have their own in-house escrow. They processed the loan documents AND funded the loan with intention to defraud me of my inherted property with Non-Judicial foreclosure in their contract. knowing all this, who is more at fault and will a quiet title action work?
Expert:  Roger replied 2 years ago.

I think your best course is for both of you to sue over this. The process can take as little as 30 days, but if contested, it could take much loner.

 

The loan could be invalidated if the entire process is found to be fraudulent. However, I can't tell you how this will shake out for sure without reviewing all of the documents.

 

I really think you need to consult with your attorney about getting this done.

Customer: replied 2 years ago.
My atty is a consumer fraud atty but very good. He wins settlements innto the millions. However, he claims that if I go thru criminal process that will put these people in jail and I would not be able to sue for monetary damages. We are suing all these people, the Lender, priv inv, trust deed services, taxman,etc but he has never told me that I can file a quiet title action. My last question is can we file a quiet title action with or without forensic signature specialist and should we pursue criminal action and still.proceed with our lawsuit? I realized as well that the loan officer was told by he taxman initially that the loan was needed to pay off my home so WHY did they wire the full 345k to my bank acct? Thus, forcing me to wire the money to the taxman/broker to pay off the loan.Isn't this unusual practice on Lenders part? Does this prove they were in on scam to swindle me out of inherited house, not to mention Is this Legal or wire transfer fraud?
Expert:  Roger replied 2 years ago.

You can file criminal charges and also sue someone for civil/money damages as well.

 

You don't have to have a forensic scientist to file a quiet title action. You and your husband can testify as to the signatures on the documents, etc. If you have one, it would help, but it is not required.

 

As for filing criminal charges, I would recommend that you cooperate with your attorney's suggestions. If he wants you to forgo filing criminal charges, I would discuss that issue with him and then decide how to proceed.

 

I can't tell you why the events went down as they did, and why the money was wired, etc., without question. However, it sounds like you have proof that you were conned. If you can establish the scam, it is likely that the wire transfer was fraudulent as well.

Customer: replied 2 years ago.
Thanks for your help. I will seek another atty to help me with the quiet title action as I'm not sure if this atty is truly working with me to get my property back.
Expert:  Roger replied 2 years ago.
Sure. Glad to help.

Please let me know if you have additional questions.

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