My friend bought a manufactured home. The payments stated were the same, but total amount without interest is different. The seller forged his name on contract. Actually 2 contracts exist and both are forged. Didn't receive all that was stated on contract either, even though wasn't aware that he was suppose to receive other items. Guess they added those to make difference in amount of home. Also added a amount, which I am sure went to loan officer at finance company. Does he have to legally pay for home, since isn't his signature? BIG DIFFERENCE in signatures.
2007-09-27 06:16:27 · 6 answers · asked by P A 1 in Business & Finance ➔ Renting & Real Estate
This is where you IMMEDIATELY call every jurisdiction of law enforcement you know of. Some one will give you directions to the appropriate jurisdiction, or make a suggestion of a course of action. At any rate, whatever anyone expects to hold you to on the financial contracts, a law or two has been broken and you IMMEDIATELY need to get them in on the investigation.
If you don't, then the person could conveniently disappear. I got hooked on a fraud and the last message I had from him was that he was closing down the company "and investing in a chain of hotels". I didn't get a dime back and it was past the contestability period so the lease company wanted their money AND the equipment back. Meanwhile, the trail had gone cold and no agency was interested. (Unless there is a body or blood, police and such like to pursue cases that are fresh enough they have some potential to solve them)
2007-09-27 06:25:53 · answer #1 · answered by Rabbit 7 · 0⤊ 0⤋
This is a BIG DEAL!!!
Do you want the house at the original terms still? If so I would explain to the seller that you intend to take legal action (both Crininal and Civil) unless you are presented with the original terms of the contract.
Forgery can be prosecuted simply by calling the local police and pressing charges. Chances are good that this would result in FELONY charges against the seller.
You can also prosecuted this in Civil Court as well (this is where you would ask for monetary damages).
Depending on how hard nosed you want to be, I would simply drop the facts in the lap of the seller and ask that they do the right thing by aggreeing to the original terms of the contract. If they don't comply then do this.
1.) First file charges with the police. If the seller gets prosecuted on criminal forgery charges then get yourself a Lawyer and take them to Civil Court as well
2.) EVEN if the seller isn't prosecuted in the criminal case, you can still take them to Civil court which has a much less "burden of Proof" then a criminal case.
Don't be a push-over on this one... they are trying to take advatange of you and have really crossed the line...
Good luck, I wish you the best!
2007-09-27 13:28:29 · answer #2 · answered by David M 2 · 0⤊ 0⤋
He needs to press charges, but also may need a private attorney to weed through this for him. The pressing of the charges is not going to keep the finance company at bay while the matter is pending, he's going to need an attorney to keep from having his credit ruined. We've actually had a client that this exact thing happened to in the law firm where I work. Our client ultimately prevailed, but not before months of wrangling with the dealer and the finance company.
2007-09-27 13:28:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Unless the contract itself addresses the issue of what to do when part of it is forged, the entire contract is null and void.
In any case, the police need to be brought into this as there is clearly some heavy duty fraud going on.
2007-09-27 13:20:18 · answer #4 · answered by Elana 7 · 1⤊ 0⤋
Contact an a real estate attorney.
2007-09-27 13:19:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
tell him to go to the local district attorney.
2007-09-27 13:19:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋