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I need a consultation for a divorce case. Real Estate documents were fraudulently notarized - Quit Claim Deed and a Morgadge Note. I need professional, legal advise on how to legally debunk these documents. Proof of the natary fraud I have and it has been admitted during a depo.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

Yes He even put the house for sale The mortgage is bogus. It is a foreign corporation he owns himself in Belize. But Belize protects corp owners. Tax heaven.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am requesting the divorce judge continuation of trial becasue of fraud. I filed criminal charges with the Palm Beach Sheriff's Office, Financial Crimes Unit. They took the case in 2 seconds. But I need proof these docs are bogis before going in front of the judge from experts.

Submitted: 1 year ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/19/2017
Real Estate Lawyer: Ray, Lawyer replied 1 year ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 49,623
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 1 year ago
Ok. And I meant *notary not natary.
Real Estate Lawyer: Ray, Lawyer replied 1 year ago

Here are potential experts for document examination.They wo9uld help you successfully challenge the documents as forgeries here.You are correct to seek continuance here to allow you the time to prove this up.

Here are several for you as options

https://expertpages.com/experts.php/document_examination_forensic_florida.htm

I appreciate the chance to help you tonight.Thanks again.

Let me know if you have more.

If you can positive rate 5 stars when we are done it is much appreciated.

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Real Estate Lawyer: Ray, Lawyer replied 1 year ago

This may help; you here

https://www.myfloridalaw.com/asset-debts/finding-hidden-assets

An expert would be enough to raise legitimate doubts about the deeds and seek the court to adjust property division.

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Customer reply replied 1 year ago
I am reading
Customer reply replied 1 year ago
I do not need a forensic expert. He already admitted during a deposition that the notary was not present during signing. I need a legal expert to confirm this is illegal so the judge counts it. The judge is not a notary expert.
Real Estate Lawyer: Ray, Lawyer replied 1 year ago

Here are two that can testify about this

https://www.jurispro.com/category/notary-public-s-498/FL

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Real Estate Lawyer: Ray, Lawyer replied 1 year ago

This is a crime here if notary did this he could be charged

117.105 False or fraudulent acknowledgments; penalty.—A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 6, ch. 91-291.

117.107 Prohibited acts.—

(1) A notary public may not use a name or initial in signing certificates other than that by which the notary public is commissioned.

(2) A notary public may not sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp.

(3) A notary public may not affix his or her signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment.

(4) A notary public may not take the acknowledgment of or administer an oath to a person whom the notary public actually knows to have been adjudicated mentally incapacitated by a court of competent jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has been removed pursuant to s.(###) ###-####2) or (3), and where the person has not been restored to capacity as a matter of record.

(5) A notary public may not notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization.

(6) A notary public may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand.

(7) A notary public may not change anything in a written instrument after it has been signed by anyone.

(8) A notary public may not amend a notarial certificate after the notarization is complete.

(9) A notary public may not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized. Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this subsection that the notary public acted without intent to defraud. A notary public who violates this subsection with the intent to defraud is guilty of violating s. 117.105.

(10) A notary public may not notarize a signature on a document if the document is incomplete or blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete.

(11) A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public.

(12) A notary public may not notarize a signature on a document if the notary public has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law. For purposes of this subsection, a notary public who is an attorney does not have a financial interest in and is not a party to the underlying transaction evidenced by a notarized document if he or she notarizes a signature on that document for a client for whom he or she serves as an attorney of record and he or she has no interest in the document other than the fee paid to him or her for legal services and the fee authorized by law for services as a notary public.

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Real Estate Lawyer: Ray, Lawyer replied 1 year ago
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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