I know a person who had their parents house deed changed over to thier own name without the parents even knowing. Is this legal? I would guess someone had to forge a name here or thhere.
2007-07-21 03:25:56 · 11 answers · asked by realmccoy028 1 in Business & Finance ➔ Renting & Real Estate
Even with power of attorney would'nt that not be in effect unless the people or (persons) can't make decisions on thier own? as in this case both are very much able to.
2007-07-21 04:20:02 · update #1
First of all it is not legal if you take a course of action with the intent to deceive and alianate the property rights of others, further it is also fraudulent to forge someone signature.
On the other hand if the individual has a power of attorney the issues mentioned above would have to be ascertained regarding the acts premised on intent and taken by the power of attorney when changing the interest in the property.
Finally it is not illegal to create a Quit Claim deed by a person who is not in title and wishes to grant whatever title they may posssess if any.
Here are interesting sites from our research department that you might want to visit
Uniform Fraudulant Conveyance Act all states: http://www.law.cornell.edu/uniform/vol7.html#frcon
Uniform Fraudulant Transfer Act all states: http://www.law.cornell.edu/uniform/vol7.html#frtra
Decomposition of Property Rights (Alienation of Property) http://encyclo.findlaw.com/1300book.pdf
Best of luck on your research
2007-07-21 04:39:44 · answer #1 · answered by newmexicorealestateforms 6 · 1⤊ 0⤋
Just to add to the other answers - having power of attorney doesn't mean that you can just do anything you want to with the person's assets, even if the POA isn't limited. You are still legally required to do things for the best interest of the person. People have ended up in jail for using a POA to steal assets and convert them to their own use rather than for the benefit of the person.
2007-07-21 10:49:28 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
It is possible that your friend made a claim of adverse posession, which is the one of the only legal ways to transfer property without the consent of the original property owner. Each state has different laws about this and it is a lenghty process of many years.) Contact a real estate attorney for more specific information.
2007-07-21 10:49:35 · answer #3 · answered by sunrisecitycarpets 2 · 0⤊ 0⤋
Your guess would be right. Someone (s) indeed had to forge the parent's names if they knew nothing about this.
The only way that this would not be fraud would be if the person had some kind of power of attorney. If not....
If all is as you say, you may want to go talk to someone and report this crime... Knowing about a crime and not reporting it makes you an accomplice.
2007-07-21 10:38:31 · answer #4 · answered by CMR2006 3 · 2⤊ 0⤋
No, that's not legal at all. It involved forgery along with complicity of others who were in on the scam, at the very least a crooked Notary Public. The parents could recover the title though there might be come work involved in proving the fraud.
2007-07-21 10:55:02 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Of course it's not legal. It's theft by forgery, a felony that could land the perp in prison for many years. This person would have had to not only forge a signature, but had to lie under oath in order to commit this crime.
2007-07-21 11:02:42 · answer #6 · answered by Califrich 6 · 0⤊ 0⤋
Can't be done. Both parties have to either have full power of attorney, or both parties together to sign over the deed, which has to be notarized.
2007-07-21 10:45:19 · answer #7 · answered by Alterfemego 7 · 1⤊ 0⤋
Yes, multiple occurrences of fraud had to have occurred. Your friend will spend many years in the clinker for this and the title company will loose their business license and possibly serve time as well, they were supposed to verify that everything was legal.
2007-07-21 10:35:46 · answer #8 · answered by Elsa D 6 · 1⤊ 0⤋
Since you KNOW this, unless you report it to the courts YOU are guilty of a crime, too!
That person committed fraud, unless they have "Power of Attorney"....
2007-07-21 10:34:25 · answer #9 · answered by Anonymous · 1⤊ 0⤋
is this person the power of attorney
why would someone want to do that? thats mean they worked hard for what they have ..nothing like taking it out from underneath them
2007-07-21 10:33:51 · answer #10 · answered by hi_iduntcyber_doyou 5 · 1⤊ 0⤋