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?
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.
> 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.
> 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.
> 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?
> 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.
> 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?
> 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.
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.
> 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.
> > 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?
> > 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.
> Practice saying 'good bye" to that 700 dollars !!
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.
> On Jul 25, 11:21 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?
> > 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.
> 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.- Hide quoted text -
> - 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.
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?
> 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.
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 KennethRSl...@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/
> 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?
> 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.
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.
