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fraud

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eep

Junior Member
What is the name of your state? pa


I have, what I have been told, a very complex question that has gotten many different answers from my free legal consultation with attorneys. A person in Pa had a notary in Pa notorize a deed that was to be recorded in Md. The deed was sent to MD and recorded. The only problem was, I owned the propeerty. I also live in Pa. Was the fraud committed when the deed was notorized ? When it was placed in the mail? Or when it ws recorded. What state was the fraud committed in? And, is this a crimminal or civil case? Is there such a thing as civil fraud?The DA in Pa is looking into it. Any sugestions? This fraud involves over a million dollars. Thank you
 


tranquility

Senior Member
The law is not a big, secret book that holds all the answers. "Hmm..let's see. Notarized in one state, mailed to another and recorded; that's a 5.15(a)--no wait, it has to do with real property so a 5.15(d). Fraud to be criminal in the second state and civil in the first."

You question clearly implicates federal law and the laws of both states both criminally and civilly. Now you need to get experienced people involved. They will try to understand what happened (Which is going to be a *lot* more than a paragraph or two.) and fit the elements of crimes and torts around those facts. They will then review each of the elements and determine if there is a problem with fitting what happened into that element. That may require review of the appropriate case law. Jurisdiction will be an issue. What constitutes a misrepresentation is an issue. Which misrepresentation lead to the obtaining of property is an issue. Does it even make a difference is an issue. And, on and on.

Once they find all the issues and see how the facts get together, they then start going through how they are going to prove all those facts up. And the second round begins.

No one can answer this question without a lot of time spend developing the facts and then studying them in the context of issues.
 

smutlydog

Member
What is the name of your state? pa


I have, what I have been told, a very complex question that has gotten many different answers from my free legal consultation with attorneys. A person in Pa had a notary in Pa notorize a deed that was to be recorded in Md. The deed was sent to MD and recorded. The only problem was, I owned the propeerty. I also live in Pa. Was the fraud committed when the deed was notorized ? When it was placed in the mail? Or when it ws recorded. What state was the fraud committed in? And, is this a crimminal or civil case? Is there such a thing as civil fraud?The DA in Pa is looking into it. Any sugestions? This fraud involves over a million dollars. Thank you
I don't know the legal aspects of your case but if you go to prisontalk.com you will notice one theme. It takes forever for the feds to file these kind of cases. I read up on one case where it took 4 years to file the case and the individual as of now is still waiting to be sentenced. You could be waiting years for some kind of conclusion.
 

garrula lingua

Senior Member
The U.S. Attorney won't file a case unless it comes gift-wrapped and involves mucho bucks. I doubt they would file your case.

However, local Prosecutors who file felonies (County) have the testicles to file whenever a crime happens within their turf.

I assume there was a Forgery (?signed your name?) and, there was an attempted grand theft real property. If stolen, or false, ID was shown to the notary, then identity theft can also be charged (was the notary a co-conspirator?).

Make a report to your local cop station; let them do the investigation & interview the notary and they will send the reports to the local District Attorney's Office.
Even if the Prosecutor reclines to file, you need that police report to assist with any civil case (what are your damages in the civil case ?).
 

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