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  • #66353 Reply
    Mark S.
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    Person 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:

    1. A valid Power of Attorney (POA) holder legally signed off/transferred property
    2. Years after this transfer
    3. Someone produced a fake document claiming to revoke the original POA
    4. 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:

    1. The initial property transfer by the valid POA holder would generally be considered legal and binding if it was properly executed.
    2. 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:

    1. 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
    1. File a police report for:
    • The forged document
    • The fraudulent property transfer
    • Any related identity theft
    1. 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:

    1. 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
    1. 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
    1. 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
    1. 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
    1. 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

     

     

     

    #66354 Reply
    Evelyn johnson
    Guest

    Title was true at time

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Reply To: Dealing with factiously recorded real estate docs
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