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Ask Albert Marmero Your Own Question
Albert Marmero
Albert Marmero,
Category: Real Estate Law
Satisfied Customers: 175
Experience:  Partner at Long, Marmero, & Associates, LLP
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I have been told that no lawyer is going to take this case

Customer Question

I have been told that no lawyer is going to take this case on a contingency. I was also told it may not be worth pursuing because it will be hard to prove that it was fraud and it would be a gamble. Apparently, according to the lawyer I consulted with for free consultation, he told me that my parents signed over their rights. However, the quitclaim deed they signed was not signed by witnesses. The notary public signed on the 2 lines for witnesses. No witnesses were present.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Albert Marmero replied 6 months ago.
In my professional opinion, based on the information you provided, your claim will be difficult to prove. If the signature is properly notarized, it will be difficult to make a fraud claim, as the notarization is a much higher bar than a witness signature. Also, unless explicitly prohibited in your state, a notary can both witness and notarize signatures. So there appears to be no issue. But even if there is an issue, under Indiana law, the document would still be valid. It would just allow a challenge to the document's validity. The lawyer you consulted seems correct. I hope you found this helpful, even if it is no the response you are seeking. If so, please provide a rating. Thanks!
Customer: replied 6 months ago.
The attorney I consulted with was only going by the signed documents and not the quitclaim deed. Sorry for the confusion. Am I able to send you some document and you look over them for me to see if you see fraud?
Customer: replied 6 months ago.
Thank you, ***** ***** rate you shortly
Expert:  Albert Marmero replied 6 months ago.
Sure, my email address is***@******.*** if you'd like to send documents.

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