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Forged deed

Asked Jun 2, 2011, 05:28 AM — 21 Answers
I live in Alabama. My wife and I were given 6 acres to homestead by her grandmother. The original deed was put into mine and her name only. We hit a rough patch for a while, and her mom talked her into taking my name off of the deed, and putting the deed into her and her moms name. Well, I did not sign off of the deed, they forged my signature. What I need to know is can I void the new deed and restore what is rightfully ours, without getting my wife in trouble? I need as little drama as possible.

21 Answers
joypulv's Avatar
joypulv Posts: 11,916, Reputation: 9176
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#2

Jun 2, 2011, 05:36 AM
Isn't the deed notarized? Did she and her mother get some male to stand in front of a notary and show an ID of yours? I know people get away with this, but it would help to know how they did in this case.
There will be some drama unless you can get her mother to agree to write a new deed. I wouldn't recommend using a stand in for her mother.
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AK lawyer's Avatar
AK lawyer Posts: 9,927, Reputation: 4212
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#3

Jun 2, 2011, 05:43 AM
Quote:
Originally Posted by Muttlydog View Post
... What I need to know is can I void the new deed and restore what is rightfully ours, without getting my wife in trouble? I need as little drama as possible.
Only one way: Get your wife and her mother to sign a deed to restore title to the way it was.

Anthing else would involve going to court and proving that one and probably both of them committed a crime. I believe that would count as big drama.
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Muttlydog's Avatar
Muttlydog Posts: 7, Reputation: 10
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#4

Jun 2, 2011, 06:08 AM
I should have included the info about the notary. Her aunt is a notary. So they all just kind of lied I suppose.
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joypulv's Avatar
joypulv Posts: 11,916, Reputation: 9176
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#5

Jun 2, 2011, 08:07 AM
Contact the al.gov website and see about getting her license taken away.
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Muttlydog's Avatar
Muttlydog Posts: 7, Reputation: 10
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#6

Jun 2, 2011, 02:53 PM
Comment on joypulv's post
Quote:
Originally Posted by joypulv View Post
Contact the al.gov website and see about getting her license taken away.
I really didn't want to go that far if I could avoid it. But shouldn't the document still be void if I prove I didn't sign it? Any loopholes I should know? Even my wife wants to change it back into mine and her name. If the way they did it is solid, then I could just reforge it back into my name, and get her aunt to sign it.
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Muttlydog's Avatar
Muttlydog Posts: 7, Reputation: 10
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#7

Jun 2, 2011, 02:54 PM
Comment on AK lawyer's post
Quote:
Originally Posted by AK lawyer View Post
Quote:
Originally Posted by Muttlydog View Post
... What I need to know is can I void the new deed and restore what is rightfully ours, without getting my wife in trouble? I need as little drama as possible.
Only one way: Get your wife and her mother to sign a deed to restore title to the way it was.

Anthing else would involve going to court and proving that one and probably both of them committed a crime. I believe that would count as big drama.
So you mean that's the only way? Or the only easy way?
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ScottGem's Avatar
ScottGem Posts: 58,091, Reputation: 28135
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#8

Jun 2, 2011, 05:22 PM


First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

A notary falsifying a signature is grounds for pulling a license. So the mere threat of reporting it should get some action. If the deed is currently in your wife's names and her mother, then have them sign it back over to you and your wife.

Unless they agree to do so, you have to go to court to get redress.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#9

Jun 2, 2011, 07:59 PM


If you want to do it, without charging wife and family with fraud there is no other way to do it, except just ask them to do it, so they don't get arrested.

If you take them to court, you will have to accuse them all of fraud. If your wife is willing to swear they did she may get out of it, by giving evidence against the others, if she wants to testify against her family
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joypulv's Avatar
joypulv Posts: 11,916, Reputation: 9176
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#10

Jun 2, 2011, 09:27 PM
You can't 'just prove' anything without getting anyone in trouble, and if you don't do this all legally, there could be trouble for you too. If you go with your wife to the aunt with the threat 'notarize this without her mom because I've got you for last time' you have no idea who she is friends with in legal circles. She doesn't pay a fee to be a notary for the measly $2 per stamp or whatever the allowed charge is these days. Sure, she might cave and commit fraud again, but I don't think I'm being overly dramatic about the potential for this blowing up in your face.

The warning is to your ex's mother to not get her sister in trouble (assuming the aunt you mention is her sister) and you and your ex should go with HER - to a different notary.

By ex I mean wife
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