Legal Question in Real Estate Law in New York

Fraudulently changed deed

I found out today that my brother-in-law has fraudulently changed the deed of his house to give him full interest, excluding my wife and sister-in-law. This was done without my wife's and sister-in-law's consent, and my wife never signed any forms. As far as we know, he faked the signatures and managed to get the document notarized. We retrieved a copy of the deed from the county recorder and the signatures don't match the real ones. He is now selling the house and plans to keep the entire amount. Is there any legal recourse we can pursue?

Thanks for any advice.


Asked on 3/04/03, 9:41 pm

3 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Fraudulently changed deed

You need to immediately get an attorney to start an action against your brother in law and file a lis pendens aginst the property.

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Answered on 3/04/03, 10:52 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Fraudulently changed deed

Sounds like you have a valid claim for fraud and should be able to hold up the sale as a result, whether through injunctive relief or lis pendens or otherwise.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is for informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by a execution of a formal retention agreement.

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Answered on 3/08/03, 4:36 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Fraudulently changed deed

I would immediately advise, by certified mail, both the attorneys for the buyer and seller of your claim. Additionally, I would also start a suit for fraud and theft against your brother-in-law and seek a restraining order from the court to prevent the sale until the proper title and ownership is acertained by the court.

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Answered on 3/05/03, 11:03 am


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