Forged Property Deed by Ex Husband

[alesandra]

What is the name of your state? I live in Florida since 1999. I divorced Nevada husband of 32 years from Florida in March 2002.(finalized) Under the terms of our divorce he was to give me X-amount by January 2002. Payment in full in lieu of which I was to quit-claim the marriage home back to him. The quit-claim was to be administrated upon FULL PAYMENT. I recently searched the internet re said property because he has been non-responsive in paying me the $16000 now owed. I was also in real estate for many years in Nevada. Well my name is no LONGER on the property as I found a FORGED QUIT-CLAIM signed by a Nevada notary dated January 2003 stating that I appeared before them & produced proper ID. I don't know WHO impersonated me but expect it was the soon-to be next wife. He then refinanced the property in his name as sole owner before he remarried in June of that year. I now have NO LEVERAGE to get the balance owed except to press charges for contempt of court under the divorce terms & file some sort of charges on this forgery which I understand is a felony. I have had a Florida atty send him demand letters to no avail. Even sending the COPY of the forged deed I took off the Nevada Clark County assessor's website thinking that would get his attention. He also owes me the title to the car & an paid insurance policy naming me as beneficiary & has done NOTHING in response to our demands. I am financially unable to pursue this other than thru legal aid type things & cannot travel to Nevada either. I have put in motion yesterday filing a formal complaint ith the Sec'y of State's office re the notary who witnessed this forgery. I need to know HOW to file contempt of court charges (our divorce papers say if either party fails to comply they are in contempt of court; which he has been or nearly 3 years in Jan.) MOST of all I want to press charges on this blatant forgery. WHO in Nevada do I start with? I know no attornies other than the one who filed our divorce & because he was a family friend of 30 years he refuses to even answer my letters asking for direction. I am stymied & FURIOUS! Can you imagine hearing of cruises, huge wedding serving Dom Perignon, house renovations etc when this person owes me money???? Sorry to get so long-winded but I am WOUND UP today! My brother feels he'll NEVER pay me as he is sure his atty there is making light of my attempts to collect. Oh yes he retired a week ago from 32 years at Caesar's Palace & to think I tried to be decent & never even went after his 401K! Thanks! Sandy

 

[BelizeBreeze]

I need to know HOW to file contempt of court charges

You don't . You contact the District attorney in the city/county where he is located and discuss criminal charges against him.

Then you contact the mortgage holder and inform them of your actions and the fraudulent transfer of the real estate and let them know that if and when criminal charges are brought, you will ask the district attorney to add them as defendent in the matter.

Then sit back and watch the **** roll downhill.

 

[alesandra]

Forged deed

Thanks so much! You have given me HOPE there is light at the end of the tunnel! Notifying the new mortgage company is a bit sticky because my son is living there & is the one who found the new loan closing documents. I can't figure out how to do that portion of it without putting my son in jeopardy at having given me this info. Is there any way for me to say I have that new info without implicating my source? I found the forged deed in searching the internet ownership records but don't think I can account for finding the new lender?? Any suggestions?? Unless I can do a search for property closings thru title search somehow?? Thanks again! Ps Yes I am blond!

 

[BelizeBreeze]

I didn't tell you to give the mortgage company any other information but that you are looking into filing criminal charges against the transfer of the deed and will be naming them in the complaint.

If they ask tell them to hire their own attorney and ask the district attorney.

Got it blondie?

 

[alesandra]

Forged Deed

Thank you senior member Belize. I can see you have a great location (nunya) & sense of humor, too! You make me smile today! Appreciate your time! Sandy

 

[BelizeBreeze]

That's the FIRST TIME in awhile I've made a woman smile, and then it's usually only when I leave

If you want to read up on Fraudulent Transfer go here:
http://www.assetprotectionbook.com/NH_Tsiatsios.htm

George Tsiatsios v. Janice Tsiatsios, 144 N.H. 438 (NH. 12/13/1999) is one of the best explanations of the process that I've found to date, and explains in detail some of the issues necessary.

You need to pay particular attention to the reference to III. Setting Aside the Fraudulent Transfer and in particular the third paragraph.

 

[alesandra]

Forged deed Ex husband

Ok Belize Breeze now am LOL here at you! Thanks for that case referral. Yes! to para. #3! If you don't mind me getting sorta off the main subject may I ask another question? Before you answer I have been told basically "NO WAY" by other attornies on this. I first thought since he hadn't paid & my name was still on the title that I could seek MORE of a settlement as the said property had escalated in value so much. Divorce never stated a $ amount re the house. I just said I wanted x dollars to GET OUT! I guess it's either because I was in real estate for so many years & the blond part or a combination thereof that I could not get it out of my head that he would owe me a share of the property taking into consideration the appreciation factor since the divorce. I just felt since my name was on the title for over a year beyond the divorce until he forged the deed that I was entitled to some of that appreciation. Any thoughts? Don't mean to muddy the waters getting off on another tangent & I am very grateful for your help thus far. What a GREAT forum I accidentally found today! Sandy

 

[BelizeBreeze]

Fraudulent Transfer will have no effect on your civil case. However, once the case is disposed of, you CAN and should discuss with an attorney about filing an intentional Tort.

I won't bore you with the details, but since you're blond, I will tell you there is plenty of research materials online under "Intentional Tort".

Without a thorough review of the case I don't know if you can get an attorney to take this avenue, but as a last resort you have the divorce decree to fall back on.

Under the divorce decree you WILL retrieve the full amount owed and he will be facing a huge fine and/or prison time. that should make up for a little effort

 

[BelizeBreeze]

And by the way, come back here and post exactly what the divorce decree says WORD FOR WORD, regarding the payment and quit claim. There MAY be another avenue

 

[alesandra]

Forged deed ex Husband

Thanks again! May be blond but am a quick study so I "got it" re intentional tort definition when I did my homework. I will come back later with divorce verbage as I have work to do at the moment. But WOW! PRISON TIME or BIG FINE! Whatta motivation!! YES!!!!! Love it! Stupid jerk shoulda known better after 32 years than to screw me over!

 

[nextwife]

Thanks so much! You have given me HOPE there is light at the end of the tunnel! Notifying the new mortgage company is a bit sticky because my son is living there & is the one who found the new loan closing documents. I can't figure out how to do that portion of it without putting my son in jeopardy at having given me this info. Is there any way for me to say I have that new info without implicating my source? I found the forged deed in searching the internet ownership records but don't think I can account for finding the new lender?? Any suggestions?? Unless I can do a search for property closings thru title search somehow?? Thanks again! Ps Yes I am blond!

Mortgages, once recorded, are part of the public record and ANYBODY can obtain a copy of the recorded mortgage. Your ex need never know the mortgage info came to you other than through the record. You can even get a copy from the recorders office for your own records with the recording data on it.

 

[BelizeBreeze]

Mortgages, once recorded, are part of the public record and ANYBODY can obtain a copy of the recorded mortgage. Your ex need never know the mortgage info came to you other than through the record. You can even get a copy from the recorders office for your own records with the recording data on it.

I used to think "I DO" were the most dangerous words in the English language, now I'm beginning to think "PUBLIC RECORD" are