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What if you knew of an attorney who forged the notary signature wiith out the notaryis knowledge on a deed to a home

Tempe, AZ |

with a seriusly mentally ill woman

Attorney Answers 3

Posted

This is a very serious ethical violation on the part of the attorney. In NY where I practice lawyers have been disbarred for doing this. It is not an accusation to be made lightly. If you are sure this happened, the lawyer should be reported to the disciplinary authorities. The victim of the fraud or her guardian, if she has one can sue to have the deed nullified. If she has since died, the legal representative of the estate could do this. It is no easy undertaking to set aside a deed, however, especially if an innocent person bought the property in good faith, and/or it happened a long time ago.

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If you think a lawyer has committed an ethical violation, you can report him/her to the State Bar of Arizona -- http://www.azbar.org/LawyerConcerns

Mr. Greeves is licensed to practice law throughout the state of Arizona. His office is in Tempe. He is authorized to handle IRS matters throughout the United States. His phone number is 480-345-8100 or his email address is scott@gprlaw.net. His website is www.gprattorneys.com. Please note that this answer does not constitute legal advice, and should not be relied upon. Each state has different laws, every situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Posted

The exact nature of the fraud you are referring to is not clear, but the victim will probably want to avoid the transfer effected by the deed. In connection with that action the carelessness of the notary (whose seal was used fraudulently) needs to be documented. All costs of undoin the transfer and correcting the forged deed should be claimed agains the notary's bond. Such a claim will also likely cause the notary to surrender the seal.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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