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Illegal sale of home/illegal transfer of deed

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scoonbug1951

Guest
What is the name of your state?What is the name of your state? NY

In the early 1980's I was in a divorce proceeding with my wife. At the time we agreed that she was stay at the home we owned together so that our 3 children didn't have to be uprooted. One afternoon I knocked on the door to my home and to my surprise, she had sold the house. I had an attorney at the time, but he said there was nothing he could do about it. She had dissapeared with the money from the sale and the children. A few months later, I recieved a notice from the police that she had abandoned the children and I was to come get them. I have raised the children since 1984, the divorce was not final until after that. I built the house from the ground up, (in 1976) and have the original pictures of the building process.

My question is:
I did not sign for the sale of the house, so that means that someone had to have forged my name (I can prove that the signature is not mine.) on the sale documents. What are my legal rights? Does this mean that the deed was illegally transfered, and I am the rightful owner of this property?

Thank you for any help you can give me. John.
 


JETX

Senior Member
scoonbug1951 said:
I did not sign for the sale of the house, so that means that someone had to have forged my name (I can prove that the signature is not mine.) on the sale documents. What are my legal rights?
The SOL (Statute of Limitations) to to assert your claim on the property (if you could at all) is now long gone.

Under New York law, a claim for fraud must be brought by the later of six years from the event or two years from discovery.

Does this mean that the deed was illegally transfered, and I am the rightful owner of this property?
No.
 

nextwife

Senior Member
You could have AND should have acted to assert your claim of fraudulant transfer upon discovery. The house could have been transferred any number of times since then.
 
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scoonbug1951

Guest
:( My current wife, was going through paperwork, and came upon this finding. At the time, I didn't think of anything like this. My only thoughts were how I was going to raise 3 children (4, 8, 14).

Thank you for your information.
 

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