forgery

I was hired by a couple to assist them in managing their owner/builder construction project. To include but not limited to submitting to their lender the necessary draw requests to draw funds to pay their construction bills. The draw request forms call for the homeowners signature. They live 80 miles away and it was difficult for me to meet with them to obtain the signature. I instead submitted the draw request with a copy of his original signature so as to expedite the process of obtaining the funds. As a contractor I allowed the homeowner use of my material vendor accounts so they could easily obtain materials as needed, so 99% of what was purchased to build the home was charged to me and I was responsible for payment to said vendors and subcontractors. Now that the project is nearly finished and 5 months past the agreed upon completion date they are possibly short of funds to complete the project due to various overruns of which they were told they would be responsible for. The homeowner is suspicious that I may have misused some of the money in his construction loan and is considering charging me with forging his signature on the draw request forms. I submitted to him all the receipts that were paid from the loan and they coincide with the funds disbursed from the loan indicating no misuse of funds. Can I be charged with forgery or anything else? This guy is a hot head and is looking to blame me for his inability to perform under the terms of our contract (owner/builder).

You are in trouble since the draw request form is supposed to be signed by the owner. You have had to do a cut and paste or white out or some other method to get those draws completed.
So what if you live 80 miles away, that is a half days drive. Or you could have used the fax, email or even regular snail mail.
Even if there was no misuse of funds, you are still guilty of misrepresentation, fraud, deceptive practices, collusion etc.

Fine. I am going to check into a hut in Christmas Island and flyfish for bone fish. Will you represent me while I'm there?

rvrrunnr said:

Fine. I am going to check into a hut in Christmas Island and flyfish for bone fish. Will you represent me while I'm there?

Click to expand...

Sorry, I do not accept clients from this website.
Anyway, bone fish does not have a lot of meat.

You're right but have you ever danced one on a 6wt rod? Meat? go to a restaurant.

I'm going to jail

Tell me. As an obiously experienced patron of the use of petroleum jelly; can you suggest any particular brands, colors, or flavors?

OK. I fully understand the seriousness of this. However in my first posting I limited my information to only that of what I did in violation of the law. This is a very complex issue with regards to numerous other particulars. This homeowner has placed himself into positions of varying violations himself. i.e. forging my signature on material orders, drug sales from the job site, wife beating, and blatent disregard to the terms of his construction loan contract of which the lender has contacted me to begin consideration of foreclosure due to his delays. As well he has violated most agreements as agreed in my contract with him. I know my actions are punishable and my initial inquiry was to gain some assemblence of possible defense. However, as I scrolled through your responses to most of the postings I found the whole site to be merely a circus of comedic dialog consisting of yet another internet service based solely on false marketing and a not so clever presentation of bull****. So, let the party continue. I have consulted with a real attorney locally and he too will probably be entering your site for the occasional chuckle.

That's fine, maybe the homeowner can be your cellmate.

Please invite your attorney to post here and maybe he/she can join in on the fun.

If you payed for your education, you should seek reimbursement

Your post was directed to IAAL but I am respondng.

I'm not the one going to jail, you are.
Education has absolutely nothing to do with fraudulent acts. Just ask those politicians and MBA, PHD, JD and MD holders that are sitting in jail today.

You are acting like this is some sort of a joke. It isn't. It is real and real serious.
Two wrongs don't make a right. Wife beating, drug sales, homeowner forgery and hotheadedness is no defense for YOUR own actions.

If the loan funds were coming from government sources ie. Fannie Mae, Freddie Mac, HUD/FHA etc., you may be in violation of Federal criminal Laws and not just State laws.

Lastly, I am proud of my education and paid for all expenses on my own which amounted to over $100,000.
I have both an engineering and a law degree which affords me the opportunity to work on real estate and construction law fraud cases such as yours.
It feels so good to be able to earn enough money where I am able to choose my cases and work a couple of days a week. And spend a lot of time on this website as an unpaid contributor. That my friend, I attribute to fine education.

[Edited by HomeGuru on 07-29-2001 at 02:13 PM]

My response:

Homey, you spend WAY too much time on dunderheads like this guy.

We need you on the other posts. And for those persons who are not criminals.

IAAL

Sorry IAAL, I got a little carried away. If I had the case file I could draft a 56 page complaint on this dunderhead. I know what the State and Federal statutes are to put this guy behind bars for a very long time.