Legal Question in Real Estate Law in Florida

Utter Forged Instrument

years ago, the place i'm living in was put up for auction because the original owner didnt pay taxes for years. i paid all the taxes and fixed up the place. i was told to fill out a quickdeed but i signed the name of the original property owner who has been deceased for 15 years. now the person who lost it had me arrested for uttered forged instrument and i need to know how i can keep this place and get that part of the quick deed handled. i paid taxes since 1994 and shouldnt have to give it up because she wants this place back..she lost it a long time ago


Asked on 1/03/04, 6:02 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Utter Forged Instrument

Mr. Pyle's reply seems quite adequate. Equitable relief is rarely given to perpetrator of loss.

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Answered on 1/15/04, 12:14 am
David Slater David P. Slater, Esq.

Re: Utter Forged Instrument

While you may have an equitable lien on the premises for the moneys you have spent your signing a forged instrument may prevent you from pursuing the claim.

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Answered on 1/03/04, 6:13 pm
Frank J. Pyle Probate Attorney Throughout Florida

Re: Utter Forged Instrument

Oh, the perils of do-it-yourself law - and listening to what non-lawyers tell you to do. There is an old saying: The man who practices law on himself has a fool for a client.

If you purchased the property at a properly-handled tax deed sale, you should own the property, but a quiet-title action is normally required to clear up the title (not cheap or easy). The deed you prepared is a joke, except that you are apparently facing criminal charges because of it. Only the owner of property can transfer ownership to that property. If your story is true, itdoes not sound like the type of case the state attorney would push prosecution on. You need to contact a criminal attorney now regarding how to defend the criminal charge and a real estate attorney regarding solving your title problem.

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Answered on 1/03/04, 6:24 pm


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