Can you contest a quit claim deed signing if it was signed under false pretense?...

Asked almost 6 years ago - Corpus Christi, TX

My mother passed away in 2003. before she passed her and my father purchased a parcel of land in TX. The land had a house built on it as well. After she passed my father asked me to sign a document. At the time i didn't know what the document was. He was always sticking things under my nose and telling me to sign and i trusted him. Just recently i found such document and realized that I signed a quit claim deed for the property in TX. I also realized that the document was notarized. I know when I signed the quit deed it was not notarized, so it was done after my signing. I now realize that i may have signed away the ownership to the property. I did not realize at the time the property apparently was in my name. I feel that i signed this quit deed under false pretense and the notarization was done illegally. Do I have any recourse on this matter?

Attorney answers (1)

  1. David Alexander Phipps

    Contributor Level 12

    1

    Lawyer agrees

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    Answered . You can sue your father. The first cause of action in your lawsuit will be a quiet title action based on a forged deed. The second cause of action will be fraud. The third cause of action will be conspiracy to commit fraud. In the same lawsuit, name the notary public as a defendant. The causes of action against the notary public will be fraud and conspiracy. Your attorney will include some "Doe" defendants because there might be another defendant added later, if your father took an acomplice to the notary public to pose as you.

    You will need an attorney for this case - it is not the sort of lawsuit that should be handled without an attorney. The features of the lawsuit that take it beyond the capabilities of the normal pro-per litigant are:

    multiple parties,
    multiple causes of action,
    discovery needed to find out the name of the accomplice,
    expert witness needed to prove that the signature was a forgery,
    cross examination to prove that your father is lying about the signature,
    cross examination of the notary public to prove the father is lying.
    direct examination of handwriting expert.
    cross examination of your father's handwriting expert.
    jury trial.

    I suggest you not warn him that you will sue if he doesn't make this good and not communicate with him in any way without your attorney present. The reason is that fraud is a crime as well as grounds for a civil suit. Defendants in his shoes sometimes falsely claim that the plaintiff threatened to file a criminal complaint unless he settles the civil case generously. Such a threat would be a crime called extortion. If you have any conversation with him at all, that conversation could be the one he claims contained the threat. I suggest you stop answering the phone. Let every call go to voice mail and don't return any of his calls. If he gets through on the phone, hang up immediately so that the telephone company's records show that the call was short and so that you can testify that you didn't say anything.

    This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.

    David

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