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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33385
Experience:  Began practicing law in 1992
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Our county assessor is divorced. Their marital home was in

Customer Question

Our county assessor is divorced. Their marital home was in both names and had to be sold when their youngest turned 21. She wanted to keep her house so had me, her x husband sign a small agreement allowing her to keep the home but if ever sold she had to pay me 10,000. It was notarized by a county employee also. Instead of having an attorney draw up the new deed with the appropriate lien, she took my signature, and cut and pasted it on a completely different document, a deed, conveying the property from me to her, relinquishing my rights to the 10,000 and her relinquishing her rights to back child support, which I do not owe, put the same notary stamp on it, and recorded it. Dumbass mentioned the 10,000 but obviously destroyed and never recorded that document. She is now selling the house and this fraudulent document surfaced at the closing attorneys office. What would you do and what charges would you file against her and/or the county?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

The first thing you would want to do is hire a local attorney to file a Lis Pendens in the case and then intervene in the closing so that your interest in the funds is protected. The attorney may also want to discuss filing an injunction to prevent the sale until this is straightened out. You would be entitled to recover the $10k and also the amount of the attorney's fees you incur from their actions but there has to be a judicial finding as to the attorney's fees which may not be possible by the time of closing so an injunction could keep the money tied up until that determination could be made.

Then, after speaking with the attorney of course, you would likely want to contact the police and speak to them about filing criminal charges. The exact charges will depend on how everything played out and whether she somehow used her office to facilitate the "fraud" but assuming she didn't then the likely charges would be fraud, forgery, and filing a false government record. Unfortunately, the site I use to look up the W VA criminal codes doesn't appear to be working right now so I can't give you the specific statute numbers at this time but these names will be enough to get the police started.