looking for a lawyer who specialize in fraudulant deeds

Who is the perpetrator of a deed fraud?

The most common reasons that a deed may be used is to either transfer ownership during the purchase or sale of a home, or when a person inherits property from one of their family members. Deeds can also be used to transfer gifts, trust contents, and certain rights (e.g., a sheriff’s deed or tax deed ). Lastly, if you receive a property deed ...

Who is a target for deed fraud?

Contact the Dallas/Fort Worth real estate litigation lawyers of Gagnon, Peacock & Vereeke, P.C., at (214) 824-1414 to learn more about dealing with …

When is a deed considered fraudulent?

If you fell victim to real estate fraud and have suffered monetary loss, Attorney Search Network can help you find a real estate fraud lawyer who will assist you in getting settlement. If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Real ...

How can a homeowner protect themselves against deed fraud?

• Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. • Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.

Can someone steal your house without you knowing?

Can someone steal the equity in my home?

How do you void a deed in Texas?

How do I protect the equity in my home?

Is LifeLock legitimate?

Is an unrecorded deed valid in Texas?

What is a correction deed in Texas?

What is an abstract of the title?

How to prevent deed related crimes?

Understand who and what faces the highest degree of risk for deed-related crimes. Reduce obvious signs of neglect and take the time to check on those who might be more likely to fall prey to scams. This increased awareness can put members of targeted groups on notice, and encourage more aggressive preventative actions.

What are the two types of mortgage fraud?

There are two types of Mortgage Fraud: fraud for property and fraud for profit. Fraud for Property, also known as Fraud for Housing, usually involves the borrower as the perpetrator on a single loan... Fraud for Profit involves industry professionals. There are generally multiple loan transactions with several financial institutions involved.".

Why is forged deed bad?

Forgery brings other issues, too. When deeds containing forged or otherwise fraudulent information enter the public record, they perpetuate this junk data. This causes additional problems because numerous people and businesses access this information every day for real estate purchases, mortgages, title research, credit checks, and so forth.

Why is a deed delivery required?

The delivery requirement exists to ensure that the grantee knows about the transfer of ownership as well as the associated responsibilities such as taxes and maintenance. Recording the deed, while not expressly required by law in every state, is an important factor in securing interests in real estate.

What is fraud for profit?

Fraud for Profit involves industry professionals. There are generally multiple loan transactions with several financial institutions involved.". If there is still an outstanding mortgage on the real estate, recording a transfer might trigger a "due on sale" clause if/when the lender receives notice.

What is mortgage fraud?

They define mortgage fraud as "a material misstatement, misrepresentation, or omission relied upon by an underwriter or lender to fund, purchase, or insure a loan.

What to do if you can't afford legal counsel?

If you cannot afford legal counsel, call the state or local bar association for the names of attorneys who might help you at a reduced fee. The lawyer should be able to help identify the nature of the fraud (void or voidable) and to initiate actions to protect or regain your interest in the property. VII.

Is a deed forgery a felony in Texas?

Under Texas real estate law, the forgery of a deed is considered a state jail felony. Deed forgery may be found in one of the following forms:

Can a deed be forged?

Although the process of obtaining a property deed can be tedious, a much more difficult situation is dealing with forged or fraudulent deeds. Someone may attempt to make some kind of claim on a property based on forged signatures, undue influence, or flawed deeds. In cases like these, the claimant and the new homeowner must rely on a court and judge to determine the legitimacy or illegitimacy of the deed in question.

What are the legal issues with real estate fraud?

Real Estate Fraud Legal Issues: Victims of real estate fraud can lose large investments, assume others debt unknowingly, be held liable for other parties fraud or receive higher payment amounts than presented. Real estate fraud can result in lost wealth, property foreclosure, bankruptcy and damaged credit ratings.

What happens if you are a fraudster in real estate?

Real estate fraud can result in lost wealth, property foreclosure, bankruptcy and damaged credit ratings. "Property flipping" where a buyer pays a low price for a property and then quickly resells it for a higher price.

What is real estate fraud?

Real estate fraud is any false statement made on a loan application, real estate document, real property presentation or other misleading information intended to defraud another party. Some victims of real estate fraud are eligible for legal protection and possible civil litigation remedies.

Can a victim of real estate fraud go bankrupt?

Victims of real estate fraud can end up losing their homes or come close to bankruptcy since they are unable to pay the high interest rates on their mortgages.

What to do if you are the victim of deed fraud?

If you are the victim of deed fraud, you will first want to have an attorney vacate the deed and any and all liens encumbering the property. Depending on what has occurred since the deed was fraudulently transferred, you may need to sue a number of entities, including the title company, if a title company was used to transfer the deed.

How does deed fraud happen in New York?

How does deed fraud happen? In order to change someone’s name on a deed in New York, one must sign and record the deed and the ACRIS forms at the county register in which the subject property is located (ACRIS is a system specific to New York City, but every municipality will have its equivalent).

What documents would be presented by the perpetrator?

The documents presented by the perpetrator would in fact be the deed and ACRIS forms necessary to transfer ownership . The homeowners would, unknowingly, sign away their rights to the deed. The homeowners would not realize that they signed away their rights and interests and are no longer the owner of that property.

What happens if a deed holder doesn't respond?

If that person doesn’t respond, the attorney may vacate the deed by default, and record the default judgement at the City Register, resolving the issue.

What happens if a deed is forged?

If it was a forged deed or a transfer under false pretense, the transfer to the third party and all subsequent deeds are null and void.

What is a forged deed for Halle Berry?

Just this week, Halle Berry was the victim of a forged deed that falsely and illegally appeared to give ownership of her house to someone else. The brazen criminal even had the locks changed! If you are wondering what a deed even is, it’s the legal document that shows who owns any particular property. Whoever is listed on the deed is an owner.

Who is listed on a deed?

Whoever is listed on the deed is an owner. With an asset as large as a home, there’s unfortunately an incentive for criminals to target homeowners with deed fraud. To find out how it happens, what you can do to prevent it from happening to you, and what to do if you or someone you know is a victim of deed fraud, ...

What to do if you believe you are a victim of deed fraud?

If you believe that you are a victim of deed fraud or deed forgery, you should seek the assistance of an experienced real estate attorney.

What is real estate fraud?

To simplify, real estate fraud (deed fraud) occurs when a person signing a deed “has induced confidence in an agency that does not exist.” This fraud, however, will not be considered forgery when the fraudster signs his own name.

What is dirty deed?

I frequently refer to deeds obtained through deception or deceit as “dirty.” This nomenclature started off as a backhanded reference to AC/DC’s 1970’s rock n roll anthem “Dirty Deeds Done Dirt Cheap.” However, within my office the notion of a “dirty” deed has evolved to represent the significant distinction between conveyance instruments procured through fraud versus those that are forged.

What is a forgery in Texas?

Section 32.21 (a) of the Texas Penal Code contains a statutory definition for criminal forgery which is useful, but perhaps not controlling in a civil suit: “Forge” means: (A) to alter, make, complete, execute, or authenticate any writing so that it purports: (i) to be the act of another who did not authorize that act;

Is a forged deed void in Texas?

The legal terms “Void” and “Voidable” sound alike, but they are vastly different. A void instrument passes no title, and is treated as a nullity. A forged deed is void ab initio.

Is a fraudulent deed invalid?

Most people think that fraudulently procured deeds are simply invalid or “no good,” and can be set aside by Courts as a matter of course. After all, shouldn’t fraudulent deeds be disregarded? Unfortunately, this isn’t necessarily so, and to believe that all deed fraud results in an automatic nullity is a dangerous simplification of a complex concept in Texas real estate law.

Is forgery a synonym of fraud?

FRAUD AND FORGERY ARE NOT SYNONYMOUS. At common law, forgery was defined as “the making or altering of a written instrument purporting to be the act of another.”. Nobles, 533 S.W.2d at 925-26 (internal quotation marks omitted).

What to do if you find a deed fraud?

Do notify the county recorder of deeds where the property is located . You may be directed to state and federal offices, including the FBI, which investigates mortgage and deed fraud as federal white-collar crime. Know the signs, and stay alert.

Who can sign over a deed?

Caregivers, financial advisors, or family members could persuade the owner that signing over a deed makes financial sense. Sometimes, coercion or threats are used. In other cases, someone fakes the elderly homeowner’s signature and has the document notarized. Sometimes the fraud is more complex.

What is a quit claim deed?

A quitclaim deed transfers one party’s interest in a property to another party. Quitclaims are common in transfers of homes from parents to children, from sibling to sibling, or between divorcing spouses. These are the simplest scenarios for the quitclaim deed—occasions for giving property, not selling it.

Can a fraudster take away a rightful owner's property?

Thus, a fraudster with a quitclaim deed can quietly take away a rightful owner’s property. Often, the victim’s loss only becomes apparent much later, when an effort to sell the property hits a wall during the title examination.

Can a fraudster take a quit claim deed?

Moreover, it is not difficult for a fraudster to go into a county courthouse and file a quitclaim deed behind the rightful owner’s back. Typically, under state law, a recorder of deeds lacks authority to review or deny recordation—even if something looks suspicious. Thus, a fraudster with a quitclaim deed can quietly take away a rightful owner’s ...

Is a quitclaim deed a scam?

The Use of Quitclaim Deeds in Scams. Unlike the warranty deed, the quitclaim requires no title examination process. There is no guarantee of clear title. Thus, scammers are drawn to quitclaim deeds to carry out transactions with assets that belong to other people. Scammers may exploit the simplicity of quitclaim deeds.

Can you quitclaim a deed without warranty?

Any buyer accepting a quitclaim deed without warranty should understand that the title could have defects.

What is a title defect?

A title defect is something connected to the property that may either lower the value or bring the actual ownership of the property into question. Some of the more common title defects include: Documents that make the title questionable. Errors in the title chain. Foreclosure activity.

Why do you need a title search?

A title search is often required when the property is bought or sold as it involves reviewing county or city records to learn the ownership history of that particular property. One of the main reasons for a title search is to be sure that the person selling the property is the actual owner as well as to make sure there is not some sort ...

What happens to property when someone dies?

When someone dies, the ownership of their property falls to those named in their will or based on the succession rules of the state. If an heir is missing or unknown to the rest of the family, this can cause title issues. Family members may also contest a will even after the property has been sold.

Is property sold illegally?

Property Sold Illegally. In the past few years, there have been instances where the property has been sold illegally. Documents can be forged and filed with public records, making it difficult to determine who is the rightful owner of the property.

Why is it important to know the remedy for fraudulent misrepresentation?

This is important, because courts will formulate their remedies based on the plaintiff’s harm or loss. Thus, in most fraudulent misrepresentation cases, the remedy will be some form of monetary damages. These will be calculated based on the amount of harm or loss experienced by the plaintiff.

What are the defenses to fraud?

In many instances, there may be defenses available to a person who is being charged with fraudulent misrepresentation. These will depend on many factors, including state laws and the exact nature of the misrepresentation. Some common types of defenses for this legal issue may include: 1 Lack of Evidence: As mentioned, the elements of proof for fraudulent misrepresentation must all be met in order to prove a person liable. If there is not enough evidence to prove a particular element, the defendant might not be found liable. This is one of the more common defenses to fraudulent misrepresentation.#N#For instance, if there is no evidence to show that the defendant actually made a fraudulent misrepresentation, it may serve as a defense. Another example is if the plaintiff didn’t actually suffer any damages. 2 Laches: If the plaintiff waited too long to file their misrepresentation claim, it may serve as a defense under a laches theory of law. Most fraudulent misrepresentation claims are associated with a statute of limitations (i.e. a filing deadline). Thus it’s important to bring a lawsuit as soon as you suspect you have a claim. 3 Coercion/Duress: It may serve as a defense if the defendant was forced to make the fraudulent statement under threat of harm or under conditions of duress (for instance, being threatened that they will be fired if they don’t make the fraudulent statement). This is a somewhat more rare defense as conditions such as these are not all that common.

What are the elements of proof for fraudulent misrepresentation?

These may vary by state or jurisdiction; however, elements of proof for fraudulent misrepresentation generally include: The plaintiff suffered measurable harm as a result of the fraudulent information or statement.

What is the defense of a fraudulent statement?

Coercion/Duress: It may serve as a defense if the defendant was forced to make the fraudulent statement under threat of harm or under conditions of duress (for instance, being threatened that they will be fired if they don’t make the fraudulent statement).

What can influence a court's decision as to whether fraudulent misrepresentation has occurred?

For instance, the history of dealings between the parties can often influence a court’s decision as to whether fraudulent misrepresentation has occurred.

What is an example of a defense?

For instance, if there is no evidence to show that the defendant actually made a fraudulent misrepresentation, it may serve as a defense. Another example is if the plaintiff didn’t actually suffer any damages.

How does misrepresentation occur?

The misrepresentation can occur through many ways, including written words, spoken words, gestures or body motions (such as a nod), or through silence or inaction. Fraudulent misrepresentation is frequently raised in connection with contract law. Whenever parties enter into a legal agreement or contract with one another, ...

I. The Problem

II. Deed Basics

III. Forgery

• Black's Law Dictionary defines forgery as the "act of fraudulently making a false document or altering a real one to be used as if genuine." It is a criminal offense in the US, designated as either a felony or a high-degree misdemeanor. In some states, the charges depend on the details of the crime, including the dollar amount and/or the nature of ...

See more on deeds.com

IV. Public Records

v. Risk Factors

VI. Victims

VII. Scams and Secondary Victims

VIII. Conclusion