Legal Question in Real Estate Law in Oregon

Fraudulent signature on contract

My father-in-law made an unfortunate second marriage just after his wife of 51 years died. Their property was in a revocable trust. He purchased a new home with the second wife as tenants in entirety. The question? The new wife signed all the sales contracts with her new married name. The problem - she signed with that name three weeks before the marriage. Since then my father-in-law divorced her and subsequently died. We are now in conflict over the property whicjh remains in both of their names.


Asked on 10/25/07, 3:29 pm

1 Answer from Attorneys

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

Re: Fraudulent signature on contract

I don't know about Oregon, but in California either fraud or forgery allegations would require more than just using a married name three weeks prematurely. Both require the presence of an intent to defraud or deceive, and civil fraud would require harm (damage) flowing as a more or less direct result of the use of the married name prematurely.

Did you father-in-law also sign the documents? Was an escrow holder used to prepare, orchestrate the signings, and record the resulting transactions? Were the documents notarized? Should they have been? Did the notary demand proof of identity?

There may indeed be fraud or some other basis on which transfers of his property can be un-done in an Oregon court, but it isn't obvious from the limited facts that you have found the smoking gun. You need to see an Oregon attorney, in person, ASAP, before any bona fide purchasers or lenders, without knowledge of the dispute, jump in and further dilute your basis for claiming an interest.

Another aspect you must consider is whether the fraud issue was raised and litigated in the divorce. That seems likely, and if so the rule of res judicata might bar revisiting the issue. The entire divorce proceeding and its resulting decrees, orders or judgments would be important to review. Also, you might have a statute of limitations problem.

This is far too complex an area of the law, and no doubt too much money is at stake, to risk handling it unrepresented.

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Answered on 10/25/07, 5:27 pm


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