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  1. #1
    Join Date
    Aug 2007
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    5

    Unhappy Fraudulent Misrepresentation of a Quit Claim Deed

    What if a crooked parent committed fraudulent misrepresentation by persuading her children to sign her insurance policy. Later the children order a copy of the deed to find out that it was not an insurance policy their mother presented to them but a quit claim deed that she had notarized, for them to give up their rights to the house. According to my research on the duties and laws of a notary, and if I did agree to sign willingly (which I wouldn't have), wouldn't the notary have to be present to witness the signing, verify the identity of whose signing along with explaining to them what they are signing? I wish to file a civil suit against my mother for this deceit. Where do I begin? Also I have contacted an attorney is my state residence - VA who suggested I contact an attorney in NC since this is where my mother resides. When I did this, the attorney in NC says I should contact a lawyer in DC since the divorce and sell of the house occurred there. I am in dire straights here. What should I do? Should I give up and let my mother get away with her treachery or should I fight this every way possible?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Fraudulent Misrepresentation of a Deed of Trust

    Insurance policy?

    Deed of trust?

    Quit claim deed?

    If you signed a quit claim deed, how do you propose to deny that you signed it?

  3. #3
    Join Date
    Aug 2007
    Posts
    5

    Default Re: Fraudulent Misrepresentation of a Deed of Trust

    From what I've read about fraudulent misrepresentation, it occurs when one makes representation with intent to deceive and with the knowledge that it is false. An action for fraudulent misrepresentation allows for a remedy of damages and rescission. One can also sue for fraudulent misrepresentation in a tort action.

    With regards to an insurance policy, this was how it was presented by my mother who came to my apartment one Sunday afternoon with folder in hand claiming to be upset with her husband. Afterwards my mother says that she is making some changes to her insurance policy and is removing him from her current policy. She presents the document with the top portion of it concealed, so that only the signature lines were displayed. Her reason for this is that I didn't need to know how much the insurance policy was. When presented in this fashion, by a mother, not a stranger on the street but a mother, trusting her I signed the document as I noticed my brother did. I typically read everything before signing even before this incident and even now so after the incident. At the time I had no idea that insurance policies didn't have to be signed by someone else. The bottom line here is that my mother and I have had a rocky relationship every since her and my father divorced. Sometimes things would seem to be going alright and then at other times things were not fine. At the time of this fraudulent act, I was a temp secretary living in an apartment with a 2 year old child and had I known that the document in question was a quit claim deed I would have never willingly signed it as I would see this as a means for making a future for my son as well as myself. I left home on bad terms and my brother was put out of the house so there is no possible way that we would have willingly signed such a fraudulent document. Hope this provides you with a little more information about the circumstances surrounding this case.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Fraudulent Misrepresentation of a Deed of Trust

    Quote Quoting Dawn7270
    View Post
    Also I have contacted an attorney is my state residence - VA who suggested I contact an attorney in NC since this is where my mother resides. When I did this, the attorney in NC says I should contact a lawyer in DC since the divorce and sell of the house occurred there.
    If you want to sue to set aside a deed, you need to do so in the jurisdiction where the property is located and the deed was filed.

    Do you understand the enormous difference between a "deed of trust" and a "quit claim deed"? Which one is it?

  5. #5
    Join Date
    Aug 2007
    Posts
    5

    Default Re: Fraudulent Misrepresentation of a Deed of Trust

    The document in question turned out to be a quit claim deed. When retrieved from the deed of records, there was no seal on the document either. Also if the document was legitimately presented to me regarding the true contents, a notary must witness the signing. This was not the case at all.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fraudulent Misrepresentation of a Deed of Trust

    Consult a lawyer in the state where the deed was registered about the possibility of bringing an action to have it set aside.

  7. #7
    Join Date
    Aug 2007
    Posts
    5

    Default Re: Fraudulent Misrepresentation of a Quit Claim Deed

    Thanks, but what if the house in question was sold? This was discovered last month. Should I contact an attorney to obtain my 25% of the sell of the house?

    Thanks

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fraudulent Misrepresentation of a Quit Claim Deed

    Unless you are happy with the status quo, yes.

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