Tennessee Real Estate Fraud???

[sids_kid]

Hello. I live in Tennessee and I hope someone can help.

My dad purchased a house in full in 2006 and his girlfriend has mysteriously appeared on the deed as "Right To Survivorship". He did not add her name to the deed but we're being told that an RS deed is irrevocable and cannot be changed.

So what I'm understanding is that I can go throw my name on your deed, forge your signature and relax until you die?

Every attorney we speak to wants a pile of money before they'll tell us anything. My dad doesn't have much money and I'm a recent college graduate (Sallie Mae wants her money on time) so I don't know what to do or how to help him. Memphis Legal Aid says he doesn't qualify for their services but we can't afford an attorney and I don't want to spend the money if there's a chance we won't see results.

Thanks a lot!

 

[anteater]

...and his girlfriend has mysteriously appeared on the deed...

I hope that this is now an ex-girlfriend.

...but we're being told that an RS deed is irrevocable and cannot be changed.

I certainly hope that it wasn't one of the attorneys that you/your father consulted that said that.

If you are certain that it was a forgery, then cobble together the bucks to retain an attorney.

And, while you are at it, contact law enforcement. They may decline to get involved, but it is worth a shot.

 

[sids_kid]

She's definitely an ex. But she won't leave since her name is on the deed.
I'm not sure how he'll prove it was forgery since it will be his word against hers.

We've contacted the sheriff, they said he has to hire an attorney. The first three attys he talked to said it was irreversible.

I'm praying this isn't some loophole crap that she can get away with.

 

[nextwife]

She's definitely an ex. But she won't leave since her name is on the deed.
I'm not sure how he'll prove it was forgery since it will be his word against hers.

We've contacted the sheriff, they said he has to hire an attorney. The first three attys he talked to said it was irreversible.

I'm praying this isn't some loophole crap that she can get away with.

Have you researched the notary to see if they exist? Have you compared dad's signature to the one on the deed? Have you reviewed the legal description? Have you compared the date on the deed to where dad may have been that day?

The existance of a docunment does not mean it was properly signed and executed. What you need to prove is that the document is fraudulant.

 

[anteater]

She's definitely an ex. But she won't leave since her name is on the deed.
I'm not sure how he'll prove it was forgery since it will be his word against hers.

Alright... Your were tossing around the forgery word pretty loosely in that first post. So, let's ask the tough questions...

Does your father tend to make up stories when he has done something dumb? Is this really one of those "I added my boy/girlfriend to the deed, we broke up, and now I want him/her out and off the deed" type of stories?


When people co-own property, one or more of the co-owners don't just get to vote other co-owners off the island. Assuming that the co-owners cannot work things out, the options are to live with the situation or initiate a court action for partition which, in the case of a residence, will usually result in the court ordering the property sold.

To that extent, the attorneys are correct regarding irrevocability. That does not apply to co-ownership that was obtained fraudulently. Apparently, the attorneys believe that it will be very hard to prove fraud in this case.

 

[nextwife]

Alright... Your were tossing around the forgery word pretty loosely in that first post. So, let's ask the tough questions...

Does your father tend to make up stories when he has done something dumb? Is this really one of those "I added my boy/girlfriend to the deed, we broke up, and now I want him/her out and off the deed" type of stories?


When people co-own property, one or more of the co-owners don't just get to vote other co-owners off the island. Assuming that the co-owners cannot work things out, the options are to live with the situation or initiate a court action for partition which, in the case of a residence, will usually result in the court ordering the property sold.

To that extent, the attorneys are correct regarding irrevocability. That does not apply to co-ownership that was obtained fraudulently. Apparently, the attorneys believe that it will be very hard to prove fraud in this case.

But it IS worth researching. Let's say ex found a notary seal at a yard sale , and the notary had died six months before the deed was "notarized" or the notary or dad was out of the country when the doc was supposedly signed in his county of residence, proving fraud might be easy.

 

[anteater]

But it IS worth researching. Let's say ex found a notary seal at a yard sale , and the notary had died six months before the deed was "notarized" or the notary or dad was out of the country when the doc was supposedly signed in his county of residence, proving fraud might be easy.

Do not disagree with you, nextwife.

It's just that there is something that does not sound right. Told that there was forgery/fraudulent activity, I could understand the attorneys saying that it will likely cost $X thousand, and Dad and the OP gulping. I can't see the attorneys responding that it is "irrevocable" and there is nothing can be done with that set of facts.

 

[sids_kid]

Nextwife I'm going to research those things to see what I come up with.

Anteater I know my dad and while he's made a few mistakes in life this is definitely not one of them. I even asked him if this is what happened and he said no. This ex of his is quite the swindler. We've found out in recent months that's she's committed several counts of insurance fraud and welfare fraud. She was never caught for any of it.