Legal Question in Real Estate Law in California

Follow up on the question I asked earlier: I have a notorized document that put a lien on my property. The signature on the document is 100% not mine. What do I do? Where do I start?

I have called and spoken to the notary. She said she has been dealing with these fraudulent recordings for the past 2 years (She has filed police reports, etc). She has to date 90 such cases, making me 91. She is going to fax me a letter stating that she did not notorized the document. Where do I go from here? Police? County Recorder? District Attorney? What would be the hurdles? Do I need a lawyer? The amount is $15 000 (wont make sense to spend more on legal fees)

PLEASE HELP.


Asked on 2/23/11, 12:44 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

When you say the signature is "100% not mine," do you mean that someone else is forging your name? This is a crime (forgery) and must be reported to the police. Recording a false document placing a lien on a single-family residence is also a crime, punishable by a $75,000 fine (Penal Code section 115.5(a), and making a false sworn statement to a notary to induce the notary to do an improper official act is guilty of a felony (Penal Code section 115.5(b). So I count three felonies here (forgery, false recording, false statement to notary).

As I understand it, the first place to go would be the police; call a non-emergency number and explain that you need to report a white-collar felony crime incident. The D.A. is less likely to be in a position to take an initial report of crime from a member of the public, but there's no harm in trying that, also. Finally, the recorder has somewhat limited discretion to decide whose documents to accept or reject, and although they do have some responsibility to be accurate, probably little authority to expunge or correct errors or conduct investigations.

Your amended post still does not identify the nature of the claimed lien, but you may want to at least consult with a lawyer to figure out whether there's any steps you need to take to prevent enforcement of the lien or other bad stuff happening while the wheels of justice grind.

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Answered on 2/23/11, 1:26 pm
Anthony Roach Law Office of Anthony A. Roach

You can go to the police, but at best the person forging your name will not be charged. That does not help clear your title. You are going to want to hire an attorney to clear your title.

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Answered on 2/23/11, 1:29 pm
Craig Collins Craig M. Collins, Esq.

Hire an attorney to file what's called a "quiet title" action. If successful, it will clear the lien off the property. You also can report this situation to the police. If your situation is like some others I'm handling, the people who forged your name are long gone and the police will never find them. Is it a commercial bank that holds the forged lien?

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Answered on 2/23/11, 5:08 pm


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