Seller forged Quitclaim

[Catdrugn]

I made an offer on a house in Arizona late September. The offer was accepted. Since the seller had quitdeeded the house to her three sons, their signature was required on a notarized power of attorney prior to us moving forward on the deal. On October 18th, the seller provided both agents with a signed, notarized power of attorney and things went forward from there - inspection, appraisal, etc. On our closing date, November 9, the title company discovered that the son's signatures on the power of attorney were forged. Further investigation by the title company showed that the seller signed the son's names and had the document signed by a friend who was a notary. It turns out that the seller was not able to get the three signatures needed because two of her sons live out of state and one is in prison. I extended the lock on my interest rate, and gave the buyer two weeks to get the required signatures from her son. The buyer failed to do this so I backed out of the deal. Im considering going to small claims court in an effort to get my inpection fees and appraisal fees back from the buyer, agent and notary since I would not have incurred those costs if I had known the buyer forged the power of attorney. But I would also like to know:
Do I have any other legal options? I really want the house and would like to make her responsible for the original terms of our contract. Is there a legal basis for me to do so? THANKS in advance for any input!

 

[I AM ALWAYS LIABLE]

Do I have any other legal options? I really want the house and would like to make her responsible for the original terms of our contract. Is there a legal basis for me to do so? THANKS in advance for any input!

My response:

No, you can't force her to sell something that didn't belong to her; i.e., that's why you needed the signatures of the others.

You can obtain all your costs and consequential damages. Make a list of your evidence, marshall all of your evidence together, e.g., get all cancelled checks, copy of the Quit Claim and Notarized documents, bring your contract papers, Subpoena all of your witnesses, including the Notary, and go after her.

IAAL

 

[Catdrugn]

forged quitclaim follow up

Thanks Always Liable for the reply.............I should have mentioned that after I backed out, the seller has obtained the needed signatures and put the house back on the market and is now offering to sell it to me for 3,000 more than our original contract.

Let me know if that changes anything. In the meantime will proceed with the small claims option and let you know how it works out.

Thanks!

 

[I AM ALWAYS LIABLE]

Re: forged quitclaim follow up

Thanks Always Liable for the reply.............I should have mentioned that after I backed out, the seller has obtained the needed signatures and put the house back on the market and is now offering to sell it to me for 3,000 more than our original contract.

Let me know if that changes anything. In the meantime will proceed with the small claims option and let you know how it works out.

Thanks!

My response:

Well, yes, that was an extremely important bit of information that you forgot to mention.

Forget Small Claims court. Now you need to hire an attorney, sue her for "specific performance," and at the same time, have a "Lis Pendens" filed and recorded against the title of the house so she can't sell it during the pendancy of your litigation.

Get to an attorney, FAST.

IAAL

 

[Catdrugn]

Thanks for the quick replies IAAL, I appreciate your input.

Greg