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  1. #1
    Join Date
    Oct 2007
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    Default Forgery of Notary Signature on Warranty Deed

    An ex-spouse signed a warranty deed and mailed it without it being notarized. The recipient signed the notaries signature and filed it. The ex-spouse is now stating the document isn't legitimate.

    What criminal charges can be filed? Who can file charges? I've contacted County Clerk, County Attorney and Notary Public and they all state they wouldn't ...

  2. #2
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    Default Re: Forgery of Notary Signature on Warranty Deed

    If you have made police reports and nobody wants to prosecute, proceed with it as a civil matter.

    Laws are different in each state.

  3. #3
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    Ohio
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    Default Re: Forgery of Notary Signature on Warranty Deed

    Are you saying that it was signed, but no notary used their notary seal? How did that happen?

  4. #4
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    Michigan
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    Default Re: Forgery of Notary Signature on Warranty Deed

    If we had some of the factual context, this might make more sense.

  5. #5
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    Default Re: Forgery of Notary Signature on Warranty Deed

    Quote Quoting aaron
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    If we had some of the factual context, this might make more sense.
    I do agree.

  6. #6
    Join Date
    Oct 2007
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    5

    Default Re: Forgery of Notary Signature on Warranty Deed

    It is the State of Texas. The ex-spouse signed a warranty deed and mailed it to her ex-spouse and told him to have the notary at work sign it. The notary was out so he signed her signature and sealed it. The deed was filed with the clerks office.

    At the time the ex-spouse signed the document, there was negative equity. 18 months later the house sold and she contacted her ex-spouse stating that the deed wasn't valid because she didn't sign it in front of a notary.

    At this point, it has come out that the notary signature was forged. There has been an order to appear to address equity in the house but no charges have been filed for forging the document.

    What I have been told by the state, county attorney, etc. is that they will not file charges. Can the ex-wife file a charge or must the notary file the charge since it was her signature that was forged?

  7. #7
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    Default Re: Forgery of Notary Signature on Warranty Deed

    If you have made police reports and nobody wants to prosecute, proceed with it as a civil matter.

  8. #8
    Join Date
    Oct 2007
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    5

    Default Re: Forgery of Notary Signature on Warranty Deed

    The ex-wife wants to pursue but the notary does not. Can the ex-wife file charges? She is using this as leverage to try and get more child support.

  9. #9
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    Jul 2006
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    Ohio
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    Default Re: Forgery of Notary Signature on Warranty Deed

    Quote Quoting mccat73
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    The ex-wife wants to pursue but the notary does not. Can the ex-wife file charges? She is using this as leverage to try and get more child support.
    The ex wife's signature was forged? The notary's signature was forged? Instead of using this as "leverage" for more child support, she needs to be worried if this will affect her credit in any way. Then she needs to file a police report.

  10. #10
    Join Date
    Oct 2007
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    5

    Default Re: Forgery of Notary Signature on Warranty Deed

    the ex-wife signed the warranty deed, the notary's signature was forged. The ex-wife is using it to get 1/2 the proceeds from the sell and to get child support increase. The divorce has only been final 1.6 years. She currently gets $1418/month for 3 kids ... she is using this as blackmail for more $$$

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