Legal_Pawn
Junior Member
Florida
A Notary fradulently notarized my signiture on a Mortgage note so that he could receive a commision
The Notary admitted in court he never saw anybody sign the document because of the fraudulent notarazation the property went into foreclosure the total of the bills at the trial was 15,000.00 the bonding company paid 7500.00 and the person that received the payment for the mortgage had a judgement placed against them for the remaining 7500.00.
It took another 9 months trying to clear the title and get the foreclosure removed from my credit report for which I received an additional 3000.00 dollare in 2005 and I waited until May 2007 to make sure there was not any other unexpected bills where I put in a Small Claims Case for 3000.00 for the legal fees the initial trial conference the Notary showed up testified he fraudulently notarized the mortgage but did not feel he should have to pay anything because of it said his bonding company subrogated the claim back to him and he had to reimburse them for the 7500.00.
The case has been lingering in Small Claims Court ever since then at the last trail conference the lawyer for the Notary is now saying that the Statute of Limitations is 4 years from the time that I learned about the fraudulent notarization and therefore any legal claim would have had to been filed before 2005.
My contention is that the statute of limitations should start from the time I received the bill in June 2005 since before I received the bill it was my understanding that all my legal bills were taken care in the trial in 2004. The Judge said if I can not come up with any case law that shows there there could be an extention of the statute of limitations he dismiss the case.
My argument is that the statute of limitations should start from the time of receiving the bill is there any Case law that might support this?What is the name of your state (only U.S. law)?
A Notary fradulently notarized my signiture on a Mortgage note so that he could receive a commision
The Notary admitted in court he never saw anybody sign the document because of the fraudulent notarazation the property went into foreclosure the total of the bills at the trial was 15,000.00 the bonding company paid 7500.00 and the person that received the payment for the mortgage had a judgement placed against them for the remaining 7500.00.
It took another 9 months trying to clear the title and get the foreclosure removed from my credit report for which I received an additional 3000.00 dollare in 2005 and I waited until May 2007 to make sure there was not any other unexpected bills where I put in a Small Claims Case for 3000.00 for the legal fees the initial trial conference the Notary showed up testified he fraudulently notarized the mortgage but did not feel he should have to pay anything because of it said his bonding company subrogated the claim back to him and he had to reimburse them for the 7500.00.
The case has been lingering in Small Claims Court ever since then at the last trail conference the lawyer for the Notary is now saying that the Statute of Limitations is 4 years from the time that I learned about the fraudulent notarization and therefore any legal claim would have had to been filed before 2005.
My contention is that the statute of limitations should start from the time I received the bill in June 2005 since before I received the bill it was my understanding that all my legal bills were taken care in the trial in 2004. The Judge said if I can not come up with any case law that shows there there could be an extention of the statute of limitations he dismiss the case.
My argument is that the statute of limitations should start from the time of receiving the bill is there any Case law that might support this?What is the name of your state (only U.S. law)?