Posted by tyrone on August 24, 2007 at 24:26:39:
renter forged dads name on deed and then sold property what sre my options for getting property back and how long is the process
Forgery of Deed & Power of Atty. in Texas - Posted by TIM
Posted by TIM on July 21, 2006 at 16:58:15:
I was adopted by my grandfather. We recently discovered that my Aunt ( who has since passed) forged the Warranty Deed & POA to my grandfathers estate. Her sister in law was the Notary Public. Document Examiner confirmed that these documents are forged and could not have been signed by my grandfather who had Alzheimers. My grandmother was still alive when this took place. I am in Texas. I was told by an Atty. that my limitations had expired. Any truth to this.
Limitations starts when fraud discovered - Posted by John Merchant
Posted by John Merchant on August 29, 2006 at 19:22:30:
I’ve seen various stats. of lim. “tolled” (delayed) many years until actual time of discovery, so if this fraud has just been exposed, it’s likely that the applicable statute of lims. has just started to run.
See another lawyer and run this by him…preferably some trial lawyer as those pros deal daily with limitations issues. And in a small town I’d find the biggest law firm and talk to somebody in their trial section.
Re: Forgery of Deed & Power of Atty. in Texas - Posted by Rick, the Probate Guy
Posted by Rick, the Probate Guy on July 27, 2006 at 10:23:38:
For the record, I’m not an attorney nor am I familiar with Texas real estate or probate law. Here’s what I’d look for, however:
It’s necessary to go back to the condition of title as it existed prior to the recording of the bad deed and start from there. Your post is not clear as to those facts. Are you saying that Aunt forged Grandfather’s name (who was the only one on title), had it notarized, then sold the property to a third party and spent the money, essentially?
WHo is in possession of the property now? Subsequent “owner(s)”? Are they family or person you know? What happened to the money from the sale (if money was exchanged)?
The deed may not have any force, either. However, in California a defective deed, even forged, is presumed to be in forced dispite a “bad” signature after two years (hope I have that right) which, if Texas laws are similar, could support your attorney’s statement.
Many states have very specific laws and statutes of limitations as to discovery, that is, the elapsed time when the bad deed was executed and (presumably) recorded and a certain legal action must be taken.
Another theory could be to probate your Grandfather’s estate, and try to bring the property back into it after something like a Quiet Title Action. Here, a similar petition can be filed within the Probate Court called a “PC 850 Petition” which does the same thing. Then, you’d have to complete probating the estate persuant to whatever will was left by Grandfather or according to law of intestate succession if no will is found.
Sounds like a lot of time, money and effort. I’m certain that there are an awful lot of properties in every state that have undiscovered defects in the chain of title. It keeps many attorneys and title companies very busy.
Re: Forgery of Deed & Power of Atty. in Texas - Posted by dealmaker
Posted by dealmaker on July 21, 2006 at 17:07:33:
I think I saw this (very similar) post a couple of days ago. If your grandfather, great aunt and aunt have all passed on I’m not sure who you would sue. Also if the attorney says the time for action has lapsed I’m not sure any laymen on here can dispute him.
sorry
dealmaker