bogus documents

[mtpockets]

What is the name of your state (only U.S. law)? CA

This concerns a pending sale of real estate. The seller would like me to release a lien I hold on the property so that it can be sold. I am being offered partial payment, allegedly because the sale of the property will not bring in enough money to pay me off in full.

I requested documentation of the terms of the sale, and the salesman emailed me documents (as an email attachment) in connection with this sale. The selling price seems a little low to me, even taking into consideration the subprime mortgage meltdown.

I saved the documents on my hard drive and then clicked on the properties tab. I can see that the documents were created in Adobe Photoshop minutes before being emailed to me, so I am pretty sure they are bogus.

I am very worried that any documents I provide will also be pulled into Photoshop and altered. If I don't provide a release, the seller and/or broker may create one.

How can I protect myself? If possible, I would like to intercept any funds due to me before they disappear.What is the name of your state (only U.S. law)?

[CdwJava]

Then do not conduct business through mailed attachments. Use properly notarized documents and use a reputable title company or other legitimate intermediary as needed. If you "do it yourself" you take your chances.

- Carl

[mtpockets]

I wasn't planning to email any documents. Any documents are risky with these two. (I assume they started with a hard copy, but I don't want to explain exactly how they altered the documents they sent me.)

Is there some way I can find out when and where the closing is going to take place? If they decide to just create their own documents, then I will not find out what happened until a few weeks later.

[CdwJava]

You can ask them about the closing, but I am not sure how you can compel them to provide that information.

Depending on the amount owed, you might consider having an attorney assist you in this. Real estate and contract law issues can get somewhat involved if not done just right, and I know *I* would obtain an attorney if I were in your shoes.

You might also consider cross-posting this in another thread on this site where people who know of real estate issues might hang out ... this section is for criminal law and so far there is no evidence of a crime, only documents possibly created in Photoshop.

- Carl

[cyjeff]

Or, you can demand to be paid as part of the closing procedure.

In other words, you will be there with the buyer, seller and agent.