Need some advice
trang...@hotmail.com
with a lady doing a for sale by owner. She's getting a divorce from
her husband, and claimed she needed to get a durable power of attorney
to sell. She got it, and we agreed to pay the closing costs (we're
getting a pretty good deal). So, we paid to get it appraised, title
cleared, etc.
Title company calls yesterday, she forged her husbands signature. She
called my wife 5 minutes later, and said "I still want you to have the
hosue. My husband has been gone for 2 years, we cant even find him to
get him to pay child support". However, according to a realtor we had
been using for about 6 months prior, the husband could show up at any
time to lay claim on the property, and it would be a lengthy legal
battle. Plus, it would make it very difficult to sell in the
future.
So, we're backing out. However, we're out ~$700 , and I'm planning on
calling her Monday to request a check for the money we spent as a
result of the fraudulent document. Fair?
In the circumstance that she balks at paying, I will be contacting the
DA's office in San Juan, TX, where she's living, and the DA up here in
North Texas to report that she forged a signature on a legal
document. Plus, the notary signed off on a forged document, which is
enough to result in her losing her notary liscense I believe.
I know there are lawyers who post on here. Any advice? I think we
have a case in small claims court, but my understanding is it
generally isnt worth the time and hassle.
P.S. We're meeting with our lawyer on Monday, but I want a headstart
on what we're gonna hear.
Jason Pawloski
> Ok, here's the deal. I'm buying my first house, and got in contact
> with a lady doing a for sale by owner. She's getting a divorce from
> her husband, and claimed she needed to get a durable power of attorney
> to sell. She got it, and we agreed to pay the closing costs (we're
> getting a pretty good deal). So, we paid to get it appraised, title
> cleared, etc.
>
> Title company calls yesterday, she forged her husbands signature. She
> called my wife 5 minutes later, and said "I still want you to have the
> hosue. My husband has been gone for 2 years, we cant even find him to
> get him to pay child support". However, according to a realtor we had
> been using for about 6 months prior, the husband could show up at any
> time to lay claim on the property, and it would be a lengthy legal
> battle. Plus, it would make it very difficult to sell in the
> future.
>
> So, we're backing out. However, we're out ~$700 , and I'm planning on
> calling her Monday to request a check for the money we spent as a
> result of the fraudulent document. Fair?
Are you kidding? She commits fraud, you want restitution, and you're
wondering if you're being "fair?"
I'm guessing you're one of these people that will get one of those
mortgages with a huge balloon payment you won't be able to afford in a
couple of years.
K9way
Practice saying 'good bye" to that 700 dollars !!
Or 'adios"
--------
: the next generation of web-newsreaders : http://www.recgroups.com
johnnyco...@yahoo.com
Yes, you have a claim for fraudulent inducement.
Question if it's worth getting a lawyer for $700. If you're getting
the advice for free and then plan to go to small claims, it is NOT
that big a deal.
Generally the clerks in the SC office are helpful and will walk you
through the process.
trang...@hotmail.com
> On Jul 25, 8:21 am, tranger...@hotmail.com wrote:
>
>
>
>
>
> > Ok, here's the deal. I'm buying my first house, and got in contact
> > with a lady doing a for sale by owner. She's getting a divorce from
> > her husband, and claimed she needed to get a durable power of attorney
> > to sell. She got it, and we agreed to pay the closing costs (we're
> > getting a pretty good deal). So, we paid to get it appraised, title
> > cleared, etc.
>
> > Title company calls yesterday, she forged her husbands signature. She
> > called my wife 5 minutes later, and said "I still want you to have the
> > hosue. My husband has been gone for 2 years, we cant even find him to
> > get him to pay child support". However, according to a realtor we had
> > been using for about 6 months prior, the husband could show up at any
> > time to lay claim on the property, and it would be a lengthy legal
> > battle. Plus, it would make it very difficult to sell in the
> > future.
>
> > So, we're backing out. However, we're out ~$700 , and I'm planning on
> > calling her Monday to request a check for the money we spent as a
> > result of the fraudulent document. Fair?
>
> Are you kidding? She commits fraud, you want restitution, and you're
> wondering if you're being "fair?"
Rhetorical question. Thanks for latching on to the important part of
the post.
> I'm guessing you're one of these people that will get one of those
> mortgages with a huge balloon payment you won't be able to afford in a
> couple of years.
Apparently you havent been paying attention to the recent mortgage
news. Many of the loans such as you describe are no longer
available. It really doesnt matter though, since my wife and I are
putting down 20% and our monthly payments are going to be about a
hundred dollars less per month than the rent we're paying now.
Nothing personal, but you dont seem to be very good at reading people
Jason.
trang...@hotmail.com
>
> - Show quoted text -
Practice? If I end up having to say good bye to the $700, I dont plan
on saying it more than once...
Plus, my understanding is that if she doesnt do jail time for forgery,
she'll have some expensive fines. I can be a bit of an asshole
sometimes. Just ask Irish Mike.
trang...@hotmail.com
>
> - Show quoted text -
We're getting the advice for free. Its the in house counsel for the
company I work for who I'm on good terms with.
Thanks for the advice re: clerks in the SC office.
Kenneth Sloan
One question: do you want to buy a house, or do you want to go on a
crusade for $700?
Write off the $700 to experience.
Learn from it: DO NOT DEAL with "for sale by owner".
--
Kenneth Sloan Kennet...@gmail.com
Computer and Information Sciences +1-205-932-2213
University of Alabama at Birmingham FAX +1-205-934-5473
Birmingham, AL 35294-1170 http://KennethRSloan.com/
BillB
<trang...@hotmail.com> wrote in message
news:cf3501bf-7632-45c0...@b30g2000prf.googlegroups.com...
I don't have any advice for you, only information ;-)
Check the small claims statute in your jurisdiction to ensure the court has
jurisdiction over this type of problem (real property and fraud). If it
appears the court has jurisdiction, sue her in small claims court if she
doesn't pay you immediately. This is a very simple process. Your local
courthouse will probably have a brochure outlining the procedure in layman's
terms. Do not threaten her in any way, shape or form. Have your documents
ready to file and serve on her the same day she refuses to reimburse you.
This will let her know that you mean business and that stalling is futile.
Sounds like an open and shut case (if there is such a thing). When you get
your judgment (and don't forget to ask for costs) register it against the
property if the judgment isn't satisfied forthwith. You will have to do all
this yourself because it is not cost efficient to hire a lawyer over such a
small dispute. Good luck.
BillB
"Kenneth Sloan" <Kennet...@gmail.com> wrote in message
news:g6e1ak$h78$1...@SonOfMaze.dpo.uab.edu...
> One question: do you want to buy a house, or do you want to go on a
> crusade for $700?
I don't understand this comment. Why is it either/or?
> Write off the $700 to experience.
Must be nice to be rich. I certainly wouldn't be writing it off that easy. I
would get my money back. Might take a while, but I'd get it.
chandler
yeah, pro se can be a pita. There is time and fees involved and when you
get a judgement you have to try to collect. Frankly, I'd get more
satisfaction throwing a brick through her window, but feel free to
litigate if you like. Nothing wrong with catching a property before it
hits the MLS, but do learn a few lessons. All business has risk. Beware
of flakes. Understand you are not dealing with professionals. Realize
your limitations and get the help of professionals when you need them.
____________________________________________________________________
Ian Stuart
Why don't you try asking her directly before getting lawyers, and their
fees, involved? Maybe if you lay it on thick that she could face criminal
charges if you make a complaint to the authorities she might buckle and
just pay up.
At the personal level I wouldn't bear her too much of a grudge. It's not
right that you get caught up in someone else's personal mess, but if her
husband has abandoned her and the kids it's not hard to understand why she
might do something naive and stupid like this.
_______________________________________________________________________
looking for a better newsgroup-reader? - www.recgroups.com
trang...@hotmail.com
> <tranger...@hotmail.com> wrote in message
>
> - Show quoted text -
Thanks for the info. The only catch is she's about 600 miles away,
and the forgery was done where she lives in south texas, so I need to
determine which courts to go through.
Thanks again Bill.
trang...@hotmail.com
>
> - Show quoted text -
I will be asking her directly. The lawyer is someone who I'm on good
terms with and I work with on a semi-regular basis. He isnt going to
charge for his advice.
I'm wondering if threatening to report her (and the notary who signed)
if she doesnt pay is considered blackmail. If I say "John Doe, I know
you killed Jane and I'm going to tell if you dont pay me $10000", is
that really considered different than me saying "Lady, we spent $700
based on a forged document. Pay up, or I'll be going to the DA in San
Juan."?
Funny sidenote, when we were waiting to get the signed contract that
we had mailed her, she faxed us back everything but the last page of
the contracts, with all the signatures on it. When my wife called her
and told her, she said, "I ran out of paper in my fax machine".
LOL.
trang...@hotmail.com
> > Computer and Information Sciences +1-205-932-2213
> > University of Alabama at Birmingham FAX +1-205-934-5473
> > Birmingham, AL 35294-1170 http://KennethRSloan.com/
>
> yeah, pro se can be a pita. There is time and fees involved and when you
> get a judgement you have to try to collect. Frankly, I'd get more
> satisfaction throwing a brick through her window, but feel free to
> litigate if you like. Nothing wrong with catching a property before it
> hits the MLS, but do learn a few lessons. All business has risk. Beware
> of flakes. Understand you are not dealing with professionals. Realize
> your limitations and get the help of professionals when you need them.
>
> ____________________________________________________________________
>
> - Show quoted text -
She is definitely a flake. Lesson learnt.
Susan
<trang...@hotmail.com> wrote in message
news:afa68eb7-0d61-420c...@27g2000hsf.googlegroups.com...
>Thanks again Bill.
2 words
Judge Judy
trang...@hotmail.com
> <tranger...@hotmail.com> wrote in message
hahahaha. I'm actually thinking judge joe brown. he's much classier
Susan
<trang...@hotmail.com> wrote in message
news:3f3737bd-ed1d-42c3...@x35g2000hsb.googlegroups.com...
All the TV judges are really good at settling stuff - A lot of people don't
want to go on the show and will pay up or drop a case when confronted with
the possiblity of having to go on TV
My daughter had a stalker in Escondido, CA. He would come by her store and
home, leave presents and was just creepy. She finally got his identity, he
was charged and convicted. When he got out he tried to sue HER for ruining
his reputation (He was a lawyer in Escondido). The Judge Judy show
contacted her (I guess they go through small claims courts files) and she
said sure, she'd go on. Apparently he didn't want to and dropped the case.
BillB
"Susan" <sdbr...@netscape.net> wrote in message
news:_OGik.5005$1N1....@newsfe07.iad...
> All the TV judges are really good at settling stuff - A lot of people
> don't want to go on the show and will pay up or drop a case when
> confronted with the possiblity of having to go on TV
This makes no sense. Nobody is forced to go on Judge Judy or similar. It's
basically binding arbitration. Both parties have to agree to it. If one
party isn't in agreement, it will go through the usual court process.
Susan
"BillB" <bo...@shaw1.ca> wrote in message
news:n9Hik.136382$gc5.90335@pd7urf2no...
I know that - however once the Judge Judy show contacted him and he feared
exposure he dropped it.
Ian Stuart
> I'm wondering if threatening to report her (and the notary who signed)
> if she doesnt pay is considered blackmail.
I don't know the legal answer to that, but morally I don't see that it's
blackmail as long as you are only asking her to reimburse the money you
are out of pocket due to her attempt to sell a house to which she did not
hold full title. Indeed, given that she doesn't seem to be thinking very
clearly, I would say you were doing her a favor if you make sure she fully
understands the potential consequences before you go down the official
route.
________________________________________________________________________
RecGroups : the community-oriented newsreader : www.recgroups.com
A Man Beaten by Jacks
wrote:
>In the circumstance that she balks at paying, I will be contacting the
>DA's office in San Juan, TX, where she's living, and the DA up here in
>North Texas to report that she forged a signature on a legal
>document. Plus, the notary signed off on a forged document, which is
>enough to result in her losing her notary liscense I believe.
This is the use of a threat to report a crime as leverage in a civil
matter. That's blackmail. It's not impossible to send a
communication which basically conveys this message without committing
the crime of blackmail, but I wouldn't try it yourself.
You're allowed to report or not report most crimes of which you are
the victim, unless you have some specific reporting obligation. You're
even allowed to choose to report or not to report based on whether
you're made whole. What you're not allowed to do is communicate that
unless you are paid money, you will report a crime to the authorities,
and will not report a crime if you are paid money not to report a
crime.
You say that you're meeting with your lawyer about it. Fifty bucks
for their time drafting a letter should be all it takes to get it done
right, and should get the money coughed up pronto.
But you shouldn't try this yourself. It's easy to cross the line
accidentally.
Robert Ladd
Robert Ladd
"Ian Stuart" <spam...@tiscali.co.uk> wrote in message
news:8n0sl5x...@recgroups.com...
trang...@hotmail.com
> On Fri, 25 Jul 2008 08:21:23 -0700 (PDT), tranger...@hotmail.com
Thanks AMBBJ and everyone else. Hopefully, things will be a lot more
clear on Monday.