Legal Question in Business Law in Maryland

forgery on deed to remove partner's name

My husband and his father bought a house 20 years ago in Baltimore, MD. They have always been close, but recently my husband discovered that his father had forged his name to sign over his 50% ownership of the property to his father and mother several years ago. Then his father sold the house, but did not tell us, and kept saying he was not ready to sell it yet. His father lied to us repeatedly, saying that he didn't want to sell the property. He told us exactly 3 years after the sale that he had sold it, and had pocketed all the profit. We live far away in another state, and had no reason not to trust his father, as he visited us several times a year or more.

His father wrote on the deed transfer ''father coming off'', as if my husband were the elderly (or dead?) father, and transferred his interest to his wife's name. It was notarized on a date my husband was working in another state, and it's documented.

My husband contacted the MD State's Attorney's office, and they are not sure about when the clock starts running on the statute of limitations, since we just found out about this, had a close relationship with his dad, no reason to doubt him or be suspicious. The sale occurred 3 years ago.


Asked on 4/05/07, 12:19 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: forgery on deed to remove partner's name

Unless your husband had some reasonable means of discovering the fraud earlier, I think the statute of limitations shouldn't be a problem. He would have to sue his father for his share of the proceeds from the sale of the house. He could also sue for punitive damages. If his mother knew what was going on and went along with it, she could also be subject to the suit. This is significant because if he gets a court judgment against both, he can collect from either their individual or joint assets, but if only gets a judgment against the father, he won't be able to attach joint assets, such as their home or joint financial accounts.

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Answered on 4/05/07, 1:44 pm
Nicholas Adamucci ADAMUCCI, LLC

Re: forgery on deed to remove partner's name

If you need the help of Connecticut counsel, you can email me at [email protected].

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Answered on 4/05/07, 2:05 pm


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