QUESTION
document removing name from NYC property deed notarized w/o signer present still valid?
Asked on Jul 27th, 2016 on Real Estate - New York
More details to this question:
Jan.2014 - while married, my then-husband and I purchased a NYC Manhattan condo - my name on the deed, not on the mortgage. Nov. 2015 - at home in Manhattan, on a Saturday, under duress, I signed a document removing my name from the deed. He had it notarized at his place of employment in Brooklyn days later WITHOUT me present. He was a 'Subscriber'witness -but he 'WAS party to the transaction'. Notary rule states Subscriber witness CANNOT be 'party to the transaction' June 2016 - we are now legally divorced (Uncontested Divorce - husband fraudulently obtain this divorce - witnesses to his coercing me into it as 'on -paper only' to protect marital money from my child support payments to my first husband - undue influence prevented my due diligence - I signed divorce papers 'under duress' with husbands reason 'fraudulent' under the care of 1 Psychologist, 1 Psychiatrist, while on multiple psychiatric prescription medications). Is that document notarized w/o me present valid as he
1 ANSWER
1 Award
You have dug yourself into quite a hole signing things. Digging yourself out will take time and money. However, you could sue your ex, and claim an interest in the condo, and see what happens. If your case is strong enough, it might get a settlement, if not a win. The duress argument is likely a loser. The notary argument is better.
Answered on Jul 30th, 2016 at 3:35 PM