Legal Question in Criminal Law in Florida

fraud/forgery

My son and his former wife bought property with his mother-in-law in florida several years ago. My son is a cross-county truck driver. Some time in 2002 his wife and mother-in-law signed his name on a quick deed and had it notorized. The property was changed into his mother-in-laws name. He questioned it then, but was told that she had paid the taxes, etc. and was going to take over the property. He did not argue the issue, but was always questioning how and when. After recently searching the florida web we found the document and realize they forged my son's name. Can he take this document to the state and file criminal charges against them?


Asked on 4/03/07, 2:57 pm

3 Answers from Attorneys

Scott Cupp Law Office of Scott H. Cupp, LLC

Re: fraud/forgery

You can go the sheriff's office for the county where she forged the document and file a complaint. They should investigate it and then decide if there is enough evidence to arrest her or forward the results to the state attorney's office for them to decide if there is enough evidence to prosecute her. You may have a statute of limitations problem if no action was taken when he first learned of the problem.

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Answered on 4/03/07, 3:50 pm
florence hessen florence f. hessen,esq

Re: fraud/forgery

Hi:

If you have legitimate proof that this is a forgery, I would file the a complaint with the local police department, and let them advise you if this is something that the State attorney would want to prosecute.

Also you should speak with an attorney regarding a civil suit for your son's share of the property.

Good Luck

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Answered on 4/03/07, 3:55 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: fraud/forgery

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, you can go to the state attorney's office or the police/sheriff in the county in which the alleged incident occurred although there may be a statute of limitations issue. You may not meet with great success, however, as I have found that local law enforcement agencies prefer not to get involved in crimes of this nature. In my experience, they will claim that this is a civil matter and tell you to file a civil claim.

Please bear in mind that there is generally a four year statute of limitations on most civil matters. I would speak with a Florida attorney immediately to see if there is any possibility to still file a claim. Regardless, you can probably file a suit to quiet title alleging that the quit claim deed was not executed by you and therefore is invalid.

Scott R. Jay, Esq.

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Answered on 4/04/07, 12:20 am


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