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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a house with EX boyfriend (both of us are on the DEED)

Resolved Question:

I have a house with EX boyfriend (both of us are on the DEED) he Forged my name on the last refinancing, ( him or other forged but not my signature).

what are my options, can I negotiate whit him and take everything he own so he doesn't go to Jail?

If I hire a lawyer and he is find guilty, does he pay my share of Lawyer fee?

Because he did a crime, does the Government take over the case. If yes what would happen to the house?

Would be a real estate Lawyer be preferable?
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

You see, until/unless you show otherwise, your forged name is presumed valid. Ergo, the onus is on you to modify this in the following way:

1) File a Petition for Declaratory Judgment against the lender and fraud and invasion of privacy/appropriation against him as co-Defendant and PROVE that your name was forged. If so, then the Court will take your name off and no longer hold you responsible. He may or may not be also then criminally charged by the state;

2) File a criminal complaint and if he admits/pleads guilty/is found guilty for this fraud, the court records from the criminal court may be used in STEP 1 (now filed later) to have your name taken off the contract.

what are my options, can I negotiate whit him and take everything he own so he doesn't go to Jail?

Someone in your situation may wish to demand that he refinance into his own name only, or you would pursue step 1 and/or step 2 above. Faced with civil/criminal action, he may agree to do so to simply avoid the litigation.

If I hire a lawyer and he is find guilty, does he pay my share of Lawyer fee?

In cases of fraud, yes, he would, plus perhaps even punitive damages for fraud/evil motive. Owens-Illinois, Inc. v. Zenobia, 601 A. 2d 633 (Md. 1992).

Because he did a crime, does the Government take over the case. If yes what would happen to the house?

The government is not going to take over the property, although they may prosecute him. The home - if your name is XXXXX XXXXX - would have to be paid solely by him and if it is not, it may be foreclosed upon.

Would be a real estate Lawyer be preferable?

Not necessarily - this is less of a real estate matter and more of a litigation matter. A general practice or litigation attorney is best. May I recommend the Maryland Bar referral program by state - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

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