[Muttlydog]

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 the deed, and putting the deed into her and her moms name. Well, I did not sign off 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.

[joypulv]

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.

[AK lawyer]

... 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.

[Muttlydog]

I should have included the info about the notary. Her aunt is a notary. So they all just kind of lied I suppose.

[joypulv]

Contact the al.gov website and see about getting her license taken away.

[Muttlydog]

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.

[Muttlydog]

So you mean that's the only way? Or the only easy way?

[ScottGem]

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.

[Fr_Chuck]

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

[joypulv]

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

[Muttlydog]

Thank you guys a lot! This clears it all up. I thought it would be as you say, I just wanted to explore any alternatives.

[AK lawyer]

... 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.

If by "reforge" you mean falsifying another document, sure you could, but that would make you a party to a new crime. And why on Earth would you want to do that? Simply and honestly have them execute a valid new deed. What you are now proposing is like the owner of a store shoplifting something from his own store. Committing a crime for no conceivable reason at all. :rolleyes:

... So you mean that's the only way? Or the only easy way?

The only easy way. You asked for a "low-drama" solution. That would be it.

[Muttlydog]

Original post by me: https://www.askmehelpdesk.com/real-e...ed-579597.html

I have another question about this situation. I just found out that they forged my name off the deed over 10 years ago! Does time affect being able to right this wrong? If not, and if I do have to press charges, wouldn't the statute of limitations protect the offenders since it was so long ago? I mean, if I can still have the false deed discredited and they can't be held liable because of the statute I may be able to have my cake and eat it too...

[Curlyben]

>Threads Merged<

[Fr_Chuck]

You will need the police report and criminal action as proof it was a fraud, Not that it was just something you had allowed.

You will have to still also sue them in court to clear the title.
The SOL may or may not protect them, depends on the rules of SOL in your state, a criminal attorney can tell you.
When was it first discovered ? Is it a continuing crime since they still keep the property from you.

Again, why can't you just have them sign it back over to your name, if everyone is now friendly ? Or have your attorney ask them to sign it over or he will be required to seek further action

[AK lawyer]

have another question about this situation. I just found out that they forged my name off of the deed over 10 years ago! Does time affect being able to right this wrong? If not, and if I do have to press charges, wouldn't the statute of limitations protect the offenders since it was so long ago? I mean, if I can still have the false deed discredited and they can't be held liable because of the statute I may be able to have my cake and eat it too...

You asked about this almost three months ago. Nothing has apparently happened in the way of getting the problem remedied. So apparently your wife and mother-in-law are refusing to do the right thing and restore your interest by signing an appropriate deed. It's time to fish or cut bait.

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.

[ScottGem]

The SOL may protect them from criminal prosecution. But it should not prevent you from voiding the transfer, assuming you can prove the forgery.

But I echo AK's comment, This was first posted almost 3 months ago. What has happened in the interim?

P.S. for future reference, please respond to this thread, don't start a new one.

[AK lawyer]

You will need the police report and criminal action as proof it was a fraud, ...

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.

[twinkiedooter]

I should have included the info about the notary. Her aunt is a notary. So they all just kind of lied I suppose.

Her aunt should not have notarized this deed being a family member. She could very well lose her notary commission. You CAN file a lawsuit against her and her E&O (errors and omissions) insurance will defend her and if any damages are awarded to you they will be liable up to her limits. Consult with an attorney on this as the fault is with the notary doing something she should not have done.

Also, a notary should have NO felony record and be an upstanding citizen of the community. And they pay a fee of around $75 for their commission in addition to the stamp fee. This woman is now guilty of TWO felonies and should be yanked as a notary as she is definitely NOT on the up and up if she has done this twice so far. Heaven knows how many more no no's she had done.

And as far as keeping this quiet - fat chance. It won't happen.

[AK lawyer]

Her aunt should not have notarized this deed being a family member. ...

Perhaps, depending on the jurisdiction. But not everywhere.