Posted by Cheryl Lopez on July 09, 2004 at 09:28:35:
OTSP –
Sounds like you can prove that the notarized pages were switched.
Also call the local county District Attorney office in the city or county where the property is located. Definitely legal actions need to be taken against that person. You are probably can the first person that has happened too.
Out of a bad situation … turn it around for a benefit. Good Luck
Cheryl Lopez
HELP - fake release of mortgage! - Posted by otsp
Posted by otsp on July 09, 2004 at 07:58:14:
Wow, this is a good one, and yes, I’m a naive newbie who should have used an attorney. I loaned 23K to an out-of-state investor last year to buy a bank-owned property with an ARV of 60K. We recorded a mortgage with the county, so I thought I was covered. Due to many issues over the course of 9 months, we both decided to deed the property over to me. She sent me a quitclaim deed and told me to fill it out to my liking, and she’d do the rest. When her phone was soon thereafter disconnected, I went to the county’s website to see if there had been any activity on the property. Not only had the property been sold for 61K, but A RELEASE OF MORTGAGE DOCUMENT HAD BEEN RECORDED! I drove instantly to the recorder’s office and discovered that she had taken the second page of the quitclaim deed with my signature and switched the first page to a Release of Mortgage form. She also forged my initials on the front page. I now have a good attorney there handling this, and obviously this may go beyond just a civil case. With this limited info, any initial impressions out there about whether I have a decent shot at taking control of the property? Assuming the document’s fakeness can be proven (it IS my notarized signature on the second page), can this make the whole transaction that just took place be undone without screwing the new owner? At least I’d have a strong potential buyer already living there. Any thoughts (besides the obvious “what an idiot”) and additional questions welcome. Thanks…
PS - Additional question for the legal board… How heavy might my burden of proof be to show that the document is fake? There are a few minor things I could point out, but again, it is my notarized signature on the second page. My attorney’s initial impression (told via his clerk - no details yet) is that the fakery was pretty sloppy.
Re: HELP - fake release of mortgage! - Posted by Lynette Woods
Posted by Lynette Woods on November 18, 2004 at 18:04:28:
Even a man who is pure at heart,
And says his prayers at night
Can become a wolf when the wolfbane blooms,
And the moon is full and bright.
– The Wolf Man, 1941
generic viagra cheap generic viagraTwenty two thousand days.
Twenty two thousand days.
It’s not a lot.
It’s all you’ve got.
Twenty two thousand days.
– Moody Blues, “Twenty Two Thousand Days”
buy generic viagra order generic viagra onlineunderstand, v.:
To reach a point, in your investigation of some subject, at which
you cease to examine what is really present, and operate on the
basis of your own internal model instead.
Re: HELP - fake release of mortgage! - Posted by Jo McClurd
Posted by Jo McClurd on November 15, 2004 at 18:14:56:
If you’re not part of the solution, you’re part of the precipitate.
levitra cheap levitraThe revolution will not be televised.
buy levitra order levitra onlineAnd as we stand on the edge of darkness
Let our chant fill the void
That others may know
In the land of the night
The ship of the sun
Is drawn by
The grateful dead.
– Tibetan “Book of the Dead,” ca. 4000 BC.
Re: HELP - fake release of mortgage! - Posted by John Corey
Posted by John Corey on July 11, 2004 at 17:55:09:
Lets assume the attorney is the best source for legal advice on this one.
If there was fraud then you might find the best solution is not to unwind the deal but to get a cash settlement. Depending on the documents there might be a claim against the title insurance in addition to the lady you did the deal with.
I take it you have learned a few things about how to invest.
John