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Mark S.
GuestPerson holding POA signs off property years later a fictitious revoked POA turns up and takes property away.
Let me break this down to ensure I can provide appropriate guidance:
- A valid Power of Attorney (POA) holder legally signed off/transferred property
- Years after this transfer
- Someone produced a fake document claiming to revoke the original POA
- Using this fictitious revocation, they then took control of the property
This situation raises several serious legal issues. Here are the key points to consider:
- The initial property transfer by the valid POA holder would generally be considered legal and binding if it was properly executed.
- A fraudulent document purporting to retroactively revoke a POA could constitute several crimes, including:
- Forgery
- Filing false documents
- Real estate fraud
- Criminal conversion
- Theft by deception
Immediate recommended actions:
- Contact a real estate attorney immediately to:
- File an action to quiet title
- Seek an emergency injunction to prevent further property transfers
- Challenge the validity of the fraudulent revocation
- File a police report for:
- The forged document
- The fraudulent property transfer
- Any related identity theft
- Gather all documentation:
- Original POA
- Property transfer documents from the valid transaction
- The fraudulent revocation document
- Any related correspondence
Here’s how to challenge the fraudulent revocation document:
- Document Analysis and Evidence Collection:
- Obtain certified copies of the original POA and the fraudulent revocation
- Get a professional forensic document examiner to analyze:
- Paper age and composition
- Ink analysis
- Handwriting comparison
- Date verification
- Notary verification
- Notary Investigation:
- Contact the notary listed on the fraudulent document
- Verify if they actually notarized it
- Request their notary log records for that date
- If the notary is fake or their commission was expired, this helps prove fraud
- Legal Filing:
- File a petition with the court to invalidate the fraudulent revocation
- Include affidavits from:
- The original POA holder
- The person who granted the POA
- Witnesses to the original POA
- The forensic document examiner
- Timeline Documentation:
- Create a detailed timeline showing:
- When the original POA was granted
- When the property transfer occurred
- When the alleged revocation appeared
- Proof the revocation couldn’t have existed when claimed
- Discovery Process:
- Request all related documents from the party who produced the fraudulent revocation
- Subpoena records from:
- County recorder’s office
- Title companies
- Banks involved
- Law offices that may have handled the documents
Evelyn johnson
GuestTitle was true at time
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