[Muttlydog]

To clear up the situation better, I'm adding fine details. First, I had an illegitimate two year old son (Nate) pop up about a year after I got married. Needless to say after all the fallout cleared, my Mother-in-law started horse whispering into my wife's ear constantly about how Nate's mother could take my wife to court and force her to sell the land so she could get the money if I died. This terrified my wife, and she asked me to sign it over to just her name. I was actually going to do that, but her mom had other plans. She took my wife to get it changed and ended up putting her own name on the deed as well. My wife's aunt (the Notary), may not even be aware that it was a forged document. As a matter of fact, I think she wouldn't be very happy about it at all.

The original question was posted three months ago, and that was when I discovered this treachery. I've been busy trying to patch things up between everyone and try to resolve this in a civil way. Nothing has changed so far, with the exception of my wife going to a lawyer for legal advice about possible criminal charges after I told her that they could be in a lot of hot water for the whole escapade. He did however, tell her SOL would protect her, which slipped my mind earlier. My wife regrets The whole ordeal and wants to restore the original deed, but her mom so far is hell bent against it. So basically its all her mothers doing.

It is my understanding that OP has not reported this fraud to anyone but us. But in any event, those things would not be proof of anything other than the fact that police were involved and there was a criminal case. They would not prove that the deed was forged.

No I haven't reported anything yet. I was afraid I'd end up making my wife a felon. As far as proof, aren't judges trained to recognize forged signatures and documents? I honestly don't know myself, I just heard this before. My signature is unmistakable as I write cursive like I'm being attacked by rabid badgers. My wife's attempt at my signature would be very, very obvious.

File suit to quiet title. If you can prove that the deed was forged that would take care of the problem. If, as you suggest, the statute of limitations on such a crime has tolled, so be it. Or in any case it may be that the authorities will either not pay any attention to your civil suit or decide that, for whatever reason, they are not able to prove guilt beyond a reasonable doubt and therefore decline to prosecute

.

I will read up on what all is involved on the process of "quiet title". But what other way besides confession could I get proof? I mean, I know I didn't sign it. The proof of the signature comparison should say it all. I'm sure my wife would admit to forgery if she wasn't going to get cuffs for it. I honestly am content just hating the in-laws for this, I don't need to see them incarcerated for it. As far as the relying on authorities, Pell City, Al is not particularly known for having a fair and just Judicial system. I've been wondering if the authorities would listen to me at all unless I had some spare cash to throw at them.

[ScottGem]

My wife's aunt (the Notary), may not even be aware that it was a forged document. As a matter of fact, I think she wouldn't be very happy about it at all.

It depends on whose signature she witnessed. If she witnessed your wife and MIL's signatures, then she could be in the clear. If she witnessed YOUR signature she could lose her license.

As far as proof, aren't judges trained to recognize forged signatures and documents?

Not even close. Judges are trained to know the law. For signature verification they would rely on signature experts. One's hired by you, and/or your MIL.


As I said, the SOL may protect them from criminal charges. But it should not protect them from overturning the fraud. But to do that you would have to go to court to declare the deed invalid since you never signed it.