QUESTION
What can be done to stop the sale of land if my name was forged to obtain ownership?
Asked on Oct 29th, 2013 on Estate Planning - Idaho
More details to this question:
My parents and I purchased a piece of ground. In 1998, without my knowledge, my mother forged my signature to a deed stating that I sold said property to her and my father. My father was terminally ill with cancer. We had discussed many times that it was to be shared but never sold between me, my brother, and my sister both of which are now deceased. How can I prevent my mother from selling this property?
12 ANSWERS
David Thomson Egli
You can file a lawsuit to have the court determine who are the rightful owners of the property and cancel the deed allegedly transferring your interest to your parents. Pending the court decision on title, you must record a Notice of Legal Action (commonly known as a "lis pendens") setting forth that you have filed a legal action in which you are claiming an ownership interest in the property. Until you record the notice, someone (known as a good faith purchaser) can buy the property from your mother and you would lose your right to the property because the buyer wouldn't know of your claim.
Answered on Nov 04th, 2013 at 3:57 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Sue to quiet title.
Answered on Nov 04th, 2013 at 3:20 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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This is not a question that can be answered on a website. You're going to have to accuse your mother of a very serious crime in order to restore your ownership of the property. Get a lawyer to help you with this.
Answered on Nov 01st, 2013 at 8:18 AM
2 Awards
Have an attorney review the Deed ASAP. You will probably have to file an action to quiet title. If there is a buyer you may have a tough time stopping it so the sooner the better.
Answered on Nov 01st, 2013 at 7:34 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself a probate litigation attorney immediately to file suit against your mother for fraud.
Answered on Nov 01st, 2013 at 7:22 AM
You must immediately file a lawsuit to stop any sale by asking for a temporary restraining order and preliminary injunction based on fraud. Your lawsuit should also ask for declaratory relief and a reformed deed.
Answered on Nov 01st, 2013 at 7:17 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It sounds like you would need to sue your mother in order to stop sale of the property. This is never a fun thing to contemplate. I see no other alternative, however.
Answered on Nov 01st, 2013 at 7:00 AM
You will need to hire an attorney and show that your signature was forged.
Answered on Nov 01st, 2013 at 6:50 AM
Contact a lawyer who specializes in real estate immediately about filing an Emergency Petition to halt the sale.
Answered on Nov 01st, 2013 at 6:39 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your failure to act for 15 years is going to make it difficult, get a good attorney and provide all of the circumstances and details.
Answered on Nov 01st, 2013 at 6:38 AM
3 Awards
You should consult an attorney and determine if you can still sue her for fraud and if you truly want to. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Nov 01st, 2013 at 3:47 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can start a law suit for quiet title and theft against your mother, then file a lis pendens against the property pending the outcome of the lawsuit.
Answered on Oct 31st, 2013 at 8:35 AM