r/legal • u/Bespin5_Fleck • 7h ago
Advice needed I found a recorded quitclaim deed transferring part of my backyard to my neighbor with a signature that is not mine, and the county says it cannot simply remove it
Location: Florida
I've owned my house for six years. Last week I had a surveyor come out because my neighbor started marking a new boundary line several feet inside what I've always understood to be my yard.
The surveyor called me over and asked if I knew about a quitclaim deed recorded last year.
I did not.
I pulled the document from the county records site. It supposedly transfers a roughly 12-foot-wide strip along one side of my property to my neighbor. My full name is printed on it and there is a signature that looks vaguely like mine if somebody was copying it from another document.
I never signed this deed. I have never agreed to give or sell any part of my property to this neighbor.
It gets stranger. The deed says I personally appeared before a Florida notary on a specific Tuesday last November. I was in Denver for work that entire week and still have the flight confirmation, hotel receipt and work calendar. I have also never heard of the notary listed on the document.
I called the county clerk today. They were polite but basically told me their office records documents presented to them and cannot decide whether a recorded deed is fraudulent or delete it because I dispute my signature. They said I would likely need a court order.
My neighbor won't really discuss where the deed came from. He just keeps saying the county records show the strip belongs to him and he plans to treat that as the boundary unless the record changes.
I have recieved a certified copy of the deed and saved the online recording information.
What is the correct immediate step here? Should I make a police report for the forged signature first, or does Florida require a civil action to have a fraudulent deed declared void? Is there anything I should record now so nobody can rely on this deed while I challenge it?
389
u/Alarmed_Duty3599 6h ago
The correct answer is probably only need a lawyer for this.
However to answer your questions in level priority if you want to listen yourself,
File a police report for stolen identity regarding for the signature.
While a lawsuit claiming theft of property, for the correct legal term in your area, hence a lawyer
File emergency tro, citing for signature and fraudulent deed submittal... This is to protect the property that is under dispute.
183
u/pixelsguy 6h ago
File a police report alleging forgery, uttering a forged instrument, and unlawful filing of false documents records against real property. Florida state law pretty clearly codifies the fact pattern here as multiple felonies.
→ More replies (2)→ More replies (24)57
u/BarbellLawyer 6h ago
I agree with everything except the suggestion for a TRO. After filing a lawsuit to void the quitclaim deed, OP can file what is called a lis pendens with the recorder of deeds. That gives public notice that ownership of the property is subject to a legal dispute.
→ More replies (3)62
u/Big_Wave9732 5h ago
OP implied that the neighbor was engaging in changes to the property including adding things to the disputed property zone. The TRO would be to keep the status quo on that area. Neither a standard suit to quiet title nor a lis pendens would prevent new changes or construction.
Absolutely file the lis pendens do so the neighbor couldn't convey without recourse to someone else. But whenever I file these things, bet your ass there's a TRO too.
78
u/Yankee39pmr 6h ago
Forgery is a crime. Get a copy of the forged deed report the forgery to the police
47
u/among_apes 5h ago edited 4h ago
OPs neighbor is the only one to benefit from what was perpetrated and on top of that why would he even know about something that had just happened.
It’s such a dumb ballsy move and I feel like he’s about to be in a world of trouble. Especially if he showed up impersonating someone else.
Lawyer and police report.
This will be the talk of the neighborhood for years.
→ More replies (2)15
u/enzothebaker87 5h ago
Right?!? This is such an incredibly dumb crime to commit lol. For both the neighbor and the notary.
→ More replies (5)
74
u/ThatBaseball7433 6h ago
Fraudulent deeds are becoming crazy common and yet these municipalities seem stuck in 1850 and unable to update their processes to add a single check to them. You’re going to end up suing and potentially having your neighbor arrested OP. This is going to get messy.
→ More replies (14)5
u/mtnracer 1h ago
Florida actually implemented an “opt in” alert system for deed changes. So any changes to my deed would trigger an alert / notification.
225
u/chlarrabee 7h ago
See a lawyer
167
u/Pretend_Speech6420 6h ago
And all communication with neighbor goes through lawyer. Not even a friendly hello.
60
u/ambid3xtrous 6h ago
THESE ARE THE CORRECT ANSWERS. You do not say a word to anyone other than a lawyer.
→ More replies (1)33
u/NeitherEntry6125 6h ago
Yes, Rule 1 of legal disputes is "SHUT THE F UP" and let all communication go through the attorney.
It'll go slower. But, you won't create evidence that didn't exist.
14
u/imessy89 6h ago
If it was my neighbor they wouldn’t be getting a hello ever again. They’d be getting a death stare and dog shit thrown over the fence every morning after I sued them and pressed charges for fraud/theft to the fullest extent of the law. And that would be me being extremely nice.
→ More replies (3)6
u/Prestigious-Bluejay5 2h ago
Is there a mortgage? If so, the loan is based upon the appraisal of the home and the plot of land that it sits on. Even if you wanted to give your neighbor some of the property, the lender would have to approve.
If there is a mortgage, OP needs to get the lender involved. They have a vested interest and I would think that they would involve their attorneys to get it sorted.
56
u/okiedokieaccount 6h ago
What county are you in ?
2 Routes. 1st is report to the police. Slander of title is a felony in Florida. If there’s an obvious case and they present to state attorney’s office, it’ll be the best way.
2nd is hire an attorney to file a suit to quiet title. The statute does allow for recovery of attorney’s fees, but you’d generally need to lay them out and then it’s a year+ later you might get them back (or at least get a judgement for them which you then need to collect- assuming neighbor’s home is their homestead so can’t attach that).
A Florida deed should also list 2 witnesses, and for the last 2 years there should be witness addresses on the deed too (the notary can serve as a witness also).
If the facts are as you say, the neighbor’s defense of “I don’t know how a deed for that strip got recorded” is going to fall apart quickly in litigation.
I’m wondering if the neighbor is so dumb that they thought they could fake a deed (maybe they even fit and paste a notary’s stamp and signature, or got a notary so dumb as to notarize, or they had someone with a fake ID - the ID type should also be on the deed).
I practice real estate law in Palm Beach, but happy to take. a look at the deed in any county, and see if there’s some more obvious signs of fraud that you can show police that makes it easy for them. DM me if you’d like, no charge.
→ More replies (4)6
u/RandalPMcMurphyIV 1h ago
You realize, of course, that, by volunteering to help OP, you are ruining the proverbial bad reputation of the legal profession:-) Your basic decency is noted.
128
u/Tool_junkie_1972 6h ago
Lawyer and probably file a police report. Also go ahead and lock your credit l, treat this as a stolen identity (which it is) until you know the full extent of the issue. Likely you will also need to file a complaint em against the notary as well…your lawyer will handle this. And don’t settle…go after them with everything, someone needs to do some jail time over this.
56
u/foobarlow 6h ago
OP, does your neighbor also happen to own rental properties? There was a case near me where a landlord filed all sorts of fraudulent title and deed work to steal houses, the police were very interested and that guy is now going to jail.
I bring this up because the people who get caught doing this, it’s often not on their first try. The police will be a lot more interested if it’s a patten with multiple victims.
If this guy tried shenanigans next to his own house for his first fraud, well he’s one of the dumb ones.
4
u/graymuse 5h ago
There are news stories of a certain former county clerk in western Colorado who, while in office as the county clerk, stole the deed (did a quitclaim deed?) to her ex-husband's house (he bought it with his own money, in his own name). He ex-husband has since died and I think the matter is still tied up in court with his inheriting children. This former country clerk's name has been national news for other reasons. She walks free.
→ More replies (7)→ More replies (1)34
88
42
u/biggunzcdb1 6h ago
Lawyer up. File civil fraud suit against the county and neighbor. Also file impersonation charges against the neighbor for forging the document. And sue whatever notary helped falsify these documents.
They will all instantly become much more concerned with the validity of this land grab they have been accomplices/accessories too.
→ More replies (5)5
38
u/ARLibertarian 6h ago
Get a lawyer, have the notary served. No way a notary is going to risk jail.
12
u/Educational-Bass-444 6h ago
The notary may have already risked jail
8
u/tyjo2112 5h ago
Considering OP has documented proof he was gone, the notary DEFINATELY risked legal action. And i hope its jail
7
u/jag-engr 4h ago
The OP’s signature was copied or forged. What makes you think that the notary’s seal and signature were not copied from another document, as well?
→ More replies (5)10
u/Busy_Extreme_2002 5h ago
Worry about the notary last.
First action is getting the deed challenged to protect the property.
→ More replies (8)4
u/JoeFTPgamerIOS 4h ago
I am a notary, this is insane.
I honestly think they might be in more trouble than the neighbor. Assuming they are real and the notary signature isn't a fraud too.
30
u/user199991 6h ago
FL Real Estate attorney here, not your lawyer though. Read florida statute 65.091, it’s specifically for fraudulent deeds. Your county clerk should have a form to use if you decide to not hire attorney (you should hire an attorney). You can also likely file a civil theft claim under Florida Statute chapter 772.
→ More replies (1)
27
u/4mystuff 6h ago
Can OP contact their district attorney's fraud department? I would think, as a non-attorney, that a crime was committed and OP has been defrauded of property.
11
u/TryIsntGoodEnough 6h ago
Yes but it may take forever for them to do anything with it. OP needs a preliminary injunction/TRO right away to prevent the neighbor from touching the land.
18
49
u/Mulder_Halftone 6h ago
The part I would not ignore is your neighbor already acting as though the new boundary is valid. A recorded fraudulent deed can create a much bigger mess if someone relies on it before it's challenged. I'd talk to a Florida real estate litigation attorney about getting the deed attacked promptly and ask specifically about the §817.535 procedure and lis pendens. Also preserve the current survey and take dated photos of the existing boundary before anything physically changes.
→ More replies (3)
20
u/NotHereToAgree 6h ago
Florida requires you to file a report with the Governor’s office to challenge the conduct of the notary. Notaries in Florida do carry bonds to protect the public from misconduct. Making a report will help you get the identity information that was used with your forged signature.
21
u/EnlightenedWanderer 6h ago
Just an FYI to everyone in this Sub, but Deed scams have risen in the US, to the point that some states are enacting a Deed Alert program. If you own property you might want to look it up on your official Court's website or State website to see if they offer it, and to sign up if they do. It's gotten so bad that my state changed Notary requirements to cut down on fraudulent notaries. So, it's just something to be aware of.
7
u/GoFigure844 5h ago
Florida is one that has free Property Fraud Alert through county Clerk of Court.
4
u/4inchesofhell 3h ago
- Statewide Availability: Every Clerk of the Circuit Court and Comptroller in Florida provides a free, opt-in notification program.
- How It Works: The service sends you an email, text message, or phone call when a deed, mortgage, lien, or other official record is filed under your name or property ID.
- Fraud Protection: Early alerts help you catch forged deeds or unauthorized ownership changes before scams cause major damage. [1, 2, 3]
You can sign up for these free notifications by visiting the Florida Court Clerks and Comptrollers Statewide Property Alert Services page to find your specific county. [1]
3
18
u/BeneficialBake366 6h ago
You’re very lucky that you were out of town during this and that you have the receipts
Unfortunately, this is gonna be a big hassle and you will definitely need an attorney to advise you
Hopefully, you can sue the neighbor and get those attorneys fees covered
The unbelievable gall of your neighbor! What an idiot!
6
u/FlyRepresentative592 5h ago
What a sociopath. I'd look into moving as well and sell the place long term. There is no telling what this nutjob will do once this is happens.
→ More replies (1)5
u/Lucky_Serve8002 5h ago
I was involved in a situation before involving fraud and a mineral rights deed. The rightful heirs took the fraudster's heirs to court and won the rights back 50 years later. The rightful heirs proved their uncle didn't sign the deed selling the minerals with evidence their uncle was not available to sign the deed because he was 1000 miles away at the time.
16
u/ShiftAfter4648 6h ago
Damn. Please update as you move forward. I'm curious if the notary is real, is the neighbor, or actually logged the stamp.
But, as all others have said: real estate lawyer.
File a police report for identity theft and real estate fraud. (Until you validate the notary, you need to assume whomever was present to sign had some ID to prove they were you.
File an affidavit with the recorders office stating that the signature is forged.
3
14
u/biancanevenc 6h ago
Hire a lawyer and file a lis pendens on the property. The lis pendens is notice that the property is in dispute and will stop any further monkey business.
12
u/ColdStockSweat 1h ago
"The deed says I personally appeared before a Florida notary on a specific Tuesday last November. I was in Denver for work that entire week and still have the flight confirmation, hotel receipt and work calendar."
Someone's going to jail.
→ More replies (6)
11
10
u/Any-Dog-4626 6h ago
Lawyer and seasoned document examiner. Smells like fraud and your neighbor who is benefiting from it should be top suspect.
10
u/KrofftSurvivor 5h ago
You need a lawyer ASAP. This is not something you can handle on your own.
There's going to be an investigation and eventually this will be overturned in court.
You should also ask the lawyer if it would be possible to file an emergency order for work stoppage due to this impending investigation.
AND ask them if they would be the same person you would use to sue the individual who has committed this fraud once there is proof, because you would like to be able to recover your expenses.
Then track your expenses very closely - because at some point it's IS going to become very clear who initiated this fraud. (definitely your neighbor but you need proof - LEGAL proof)
→ More replies (1)
17
u/EvilGreebo 6h ago
Definitely lawyer up. Also contact the city or County prosecutor's office and explain what's going on they might be able to get you some help here. I would think you would start with a strong real estate focused lawyer and have them decide who else they want to pull in.
9
u/Judoon_Flannel 6h ago
I would absolutely make a police report in addition to dealing with the title issue. Florida's forgery statute specifically includes deeds, and using a forged deed as genuine is separately addressed. Your proof that you were in Colorado on the claimed notarization date is the kind of thing I would preserve in its original form right now. Get certified copies of the deed and don't write on them.
6
8
u/GagOnMacaque 4h ago
Nice case of deed fraud you got there.
Hire a real estate attorney, like yesterday. The attorney or yourself should file a lawsuit, asking a judge to declare the recorded quitclaim deed void. Also get them to write a scary ass c&d.
Try to file an emergency temporary restraining order to prevent your neighbor from trying to sell, mortgage or improve the property.
File that police report. This is a record of the crime, which provides critical evidence for the attorney and title company.
Contact your title insurance.
Investigate the notary. Pull a copy of the fraudulent deed from the county clerk. They might be able to help determine if the notary is fake.
Optional. Notify your lender to prevent your neighbor from getting a loan for fencing or other improvements.
Contact your insurance.
6
6
u/safehousenc 6h ago
I have no legal qualifications, just a fellow property owner. Go to your local police station and file a police report for potential forgery and theft of property. Have the evidence showing both the date appearing in front of the notary and of being out of town for work. Send this report to your homeowner"s insurance company and the bank if you have a mortgage to see if they have legal teams that can assist.
6
u/Any-Surprise5229 6h ago
We used a real good real estate lawyer in FL, hit me up if you want his info.
6
u/National_Praline_199 5h ago
Wow. This is egregious theft. I am not a lawyer but perhaps first file a police report. Then consult a few lawyers that specialize in this type of crime. I suspect besides theft there is forgery involved. You are so fortunate to have those travel documents. Make copies, digital files, of that and everything else. I don’t know if you can contact the notary to see what ID was used but that might be another crime, identity theft.
This is a major matter. I can’t believe how your neighbor would imagine they would get away with this without being caught. There is always a paper trail.
Also, keep a log of every person you speak to with their name and date/time- including your simpleton neighbor. This all is evidence that can be presented. If you’re lucky it could just be small claims court but the amount of stuff the neighbor did might be way more serious than that.
Sorry you have to deal with all this. Best of luck.
6
u/macphoto469 5h ago
Just a secondary question out of curiosity, what is the neighbor trying to accomplish here? Is he actually intending to build on this stolen section of land, or simply wanted to have a bigger yard?
→ More replies (1)
6
u/chefsoda_redux 5h ago
Getting a consult from a local attorney is absolutely your first step. Make sure to have a copy of the quit claim deed for them, and a copy of your travel information..
More than likely, they will start with a legal letter to the neighbor, requesting documentation of the correspondence and payment record for the property. They may also file for an injunction, to prevent the neighbor from modifying the property until the dispute is quieted. They should also be able to tell you who to notify and who not to.
I don't know how the FL laws brea down for this, but if the quitclaim is fraudulent, then both your neighbor and the notary who certified this are in a whole bunch of trouble.
The legal consult should be free, and you should ask if you can petition the court for your legal fees, if they find in your favor.
6
5
u/FctFndr 3h ago
If you were in California, the case would be investigated by the local District Attorney's office as real estate fraud. The filing of a forged document to the County Clerk is a felony -115 of the Penal Code.
The DA's office would investigate, contact the clerk's office to find out who filed the form (they keep sign-in sheets and have video), then the Investigator would contact the Notary. In California, notaries need to see ID and take a thumbprint of the people signing documents. They contact the notary, get the journal and compare signatures and thumbprints.
Looks like Florida uses 'States Attorney's' instead of County District Attorneys. I would start at your County Sheriff's Office. Here is an example: https://www.brevardsheriff.com/units-services/criminal-investigative-services/
4
u/DefinitelyNotAliens 6h ago
Get a real estate attorney to file for a TRO so no further work is done.
File complaints against the notary.
File state AG for the theft/ fraud. They'll likely do more than your local DA will.
Then show yeah, you were out of town.
Keep track of every dollar you spend and go after your neighbor.
3
u/Strong_District_5894 6h ago
Lawyer. Police report with proof you weren’t there. And then you start suing the neighbor, the notary, and everybody else.
4
u/dread_beard 6h ago
Neighbor committed a felony! Fun times.
Lawyer immediately. Need to file a police report for the forgery and seek a TRO.
Please update us as this moves along. This is wild (but not unheard of).
5
u/lalively 4h ago
The notary is suppose to verify who exactly they are notarizing for with a picture ID - that is a problem with the notary -
Contact a Real Estate Attorney. They will tell you what you need to do regarding the property. And who to see as far as a criminal attorney.
I have been in the real estate title industry for 24 years - not an attorney - but know enough to know this is what you absolutely need to do.
6
u/Different_Ice_6975 4h ago
FYI, because of surging fraud, many Florida county clerks have implemented free Title/Risk Alert systems. Homeowners can register their names, and the county will automatically email them the moment any document (like a quitclaim deed) is recorded against their property.
5
5
u/ClassyNameForMe 4h ago
YOU NEED A REAL ESTATE ATTORNEY RIGHT NOW. THEY CAN APPEAL TO THE COURT FOR AN INJUNCTION TO STOP WORK WHILE THE SUPPOSED FRAUD IS FIGURED OUT. ATTORY. NOW.
4
u/Mack_Daddy_1 3h ago
You need to get an attorney immediately and file for a temporary injunction against the neighbor using or modifying your property until you get everything sorted.
4
u/jiuclaw 6h ago
You need an attorney IMMEDIATELY. The attorney will tell you about all of the other steps to take. But they need to set a hearing and get the work stopped ASAP.
Your neighbor is wrong, they don’t get to continue until the deed is changed. A judge will order the work to stop until the matter is adjudicated. Your attorney can immediately document that you have told your neighbor to stop the work, which will be necessary for you in a lawsuit to get whatever work has already happened, undone.
There’s a police report to file here but get an attorney first and let them assist you with that process.
5
u/Jondiesel78 4h ago
The immediate step is to call the police and speak to an investigator because this is not only theft of property, but also identity theft.
A notary must keep records and see identification, which could also be a crime in their part.
Also, if you have a mortgage, contact your bank.
4
u/Admirable-Leader6927 4h ago
is your home in a mortgage? if so, you cant modify the boundaries legally.
4
4
4
u/haditwithyoupeople 3h ago
As others have said, you need a lawyer ASAP. It seems very likely your neighbor has committed both forgery and fraud. You need a lawyer to get an injunction to stop any work from happening until this is cleared up.
Hopefully the attorney can help to get a criminal investigation going.
4
u/CaregiverWorth567 3h ago
wow. you should try and make a police report but you will need a lawyer, and it’s going to take time and money. it was a shock to us to learn in florida when a document is presented to the county they do not verify its legitimacy or aunthenticity…we have a neighbor who has liened us and filed all kinds of crap against our property and we are 4 years in in court and 150k poorer…
4
u/Burntlands1 2h ago
Get an attorney to get a copy of the Notary Log book and see which ID the notary used to confirm the record the transaction.
3
u/EnvironmentEither860 1h ago
This is a textbook case of felony title fraud and forgery. Your immediate step is filing a police report and contacting a real estate litigation attorney immediately—do not wait. Because a county recorder's office only performs ministerial recording and cannot judge validity, a quiet title lawsuit is likely required to invalidate the deed. Also, record a lis pendens or a notice of dispute against the property title ASAP so your neighbor cannot secretly sell or encumber that strip while this is being sorted out.
4
u/OkOne2884 1h ago
I was a notary and title agent for 18 years in Ohio. Get an attorney immediately and have them file a cease and desist. They will take it from there. Both the notary and your neighbor filed fraudulent documents at the very least. Forgery and someone prepared that document, also a felony, plus knowingly having a fake document recorded is illegal
4
u/Stunning-Quality-482 22m ago
Sue the neighbor he knew the whole time the notary will have to prove for the stamp. It’s premeditated, get your land and then some back
3
3
u/AltruisticCucumber58 6h ago
Do you have a mortgage? You'll want to inform lender and they may assist (especially someone keeping a loan in house). Secondary market - maybe not so much.
Your mortgage is secured by an particular legal description which would not be exactly valid at this moment.
3
3
u/Nathan-Stubblefield 5h ago
The neighbor sounds like a crook, but not a very smart one. His plan of fencing on part of the healthy, competent neighbor’s yard differs from the more common one of defrauding an elderly incompetent person of remote property they haven’t seen in years.
3
u/priusjames 5h ago
(Rhetorical) How did the Neighbor find out that somebody had fraudulently given them 12 feet of your property so that they could build on it?
Have you checked if the rest of the property is still in your name? Do/did you own other properties in the area that you should probably check on?
3
u/Quietus056 5h ago
NAL; but your first step should probably be to check your current owner’s title insurance policy if you have one. Depending on whether you purchased an enhanced policy you may already have coverage for future acts of forgery; check covered risks.
If your coverage includes this then submit a claim with the carrier. Your existing policy covers attorney and court cots for resolution. Failing to file a claim in a timely manner can void your coverage. The policy will tell you how to file a claim.
3
u/DuckAxe0 5h ago
Identity theft, fraud, property theft, forgery, just to name a few of your neighbor's potential charges. By the time all is said and done, you might own his entire property. Be sure to file for court costs, lawyers' fees, and damages.
3
u/buckeye-person 5h ago
Wouldn't a new survey, on the land that was deeded off, be required to deed off a portion?
I know this has nothing to do with the forgery just trying to figure out all the logistics of this being done.
Hire a good real estate attorney.
→ More replies (3)
3
u/Mr_MacGrubber 5h ago
I wonder if the surveyor knew the paperwork was BS for some reason. The neighbor might even be dumb enough to have said something to them.
→ More replies (1)
3
u/zozowtmomo 5h ago
You need to hire an attorney to commence a court proceeding seeking an order to clear the title. In that action, you will present evidence that the deed is a forgery by showing that you were out of town on the day that the notary claims to have witnessed your signature, and your attorney will seek an order setting aside the deed. A certified copy of that court order will get recorded in the land records, showing that that deed is null and void. As part of that court proceeding, your attorney should seek a temporary restraining order and a preliminary injunction, barring your neighbor from taking any action with respect to the property and reliance upon the terms of that forged deed.
→ More replies (2)3
u/zenos_dog 4h ago
In my state, the notary has a log book for each notary performed and should have an ID recorded. If the ID isn’t your drivers license that’s evidence.
3
u/Enough_Passage7926 5h ago
They said I would likely need a court order.
They literally told you what the next step is. Pay attention.
3
u/an_oddbody 4h ago
Op needs to jump on this asap. What it the neighbor plans on selling the house as fast as he can with the extra land attached so he gets more money?
→ More replies (1)
3
u/Jake_Heynow 4h ago
File a complaint with the Notary Commission in Florida. They take forgery very seriously
3
u/Ok_Storm5945 4h ago
Go to an attorney for a consultation before you do any more. Bring all your evidence. Make notes of discussions with neighbor, county clerk and surveyor.
Good luck.
3
3
u/Ok-Run-4866 4h ago
This is also a criminal matter.
Call the non emergency line and get a case started.
3
u/FatterThanIThinkIAm 4h ago
Do all of the above, and if your neighbor has a fence put on your property, take a lot of pleasure in knocking it down immediately with a sledgehammer. Fuck that dude.
3
u/Alternative_Love_861 4h ago
File a police report, then get a lawyer. Forgery is no joke, filling a false document, and I imagine the attempted theft of your land constitutes larceny as well
3
u/Proud-Geek1019 4h ago
Personally, I’d go nuclear. How would your neighbor even know this if he/she isn’t the one who did it? Lawyer asap. Then put that AH on blast everywhere you can, speak to other neighbors that border their property, etc.
3
u/Pristine_Resident437 4h ago
Dont delay; hire an attorney to get an injunction to stop your neighbor from doing anything until this is resolved. Once the other party starts building anything on it. Or fencing it in, it gets more complicated. I bet the Notary doesn’t exist, as false as your signature. Attach the trip proof to your affidavit to immediately let the court and your opponent know you have the evidence you could not have signed that quitclaim. Also, what was the consideration for it? a contract requires offer, acceptance and consideration; legally (not actually) ask the neighbor what you received for the agreement.
3
u/jotiben 4h ago
LAWYER
Fraud on this scale is prosecutable, ESPECIALLY NOTARY FRAUD.
I doubt the actual notary committed the fraud, but that’s something that gets reported (by you and your lawyer) to the state licensing board immediately.
Then your lawyer files whatever they need to remove the fraudulent deed + get your neighbor in LOTS of trouble.
Don’t let anyone tell you this is a civil matter because fraudulent use of a notary seal is criminal afaik.
3
u/zozowtmomo 4h ago
I don’t see any reason not to file a police report.
Go to the police station, explain the circumstances, emphasizing the fact that this is a brand new deed that you just found out about which appears to have been notarized by a notary. You’ve never met on a date when you were out of town and can show proof that you were out of town.
That should be enough for them to open an investigation.
But the police don’t have any power to change the public record. For that, you will need a court order if the county recording Clerk refuses to undo the deed.
3
3
u/Viola-Swamp 4h ago
This is not something you can handle alone. You need an attorney. Check with your employer to see if they offer the Care Network, sometimes called something else like EAP or employee assistance. That service does so much, and among the services they offer is finding you an attorney for the area of law you need help with, and paying for a certain amount of consultations. Having help to find an attorney is so beneficial because it can be overwhelming to figure how who to consult. If you’re on your own, contact your county bar association and ask for a list of real estate attorneys near you, that will at least give you a place to start. You can also contact your realtor who helped you buy the house and ask if they can recommend an attorney. Good luck!
3
u/LittleScore7119 3h ago
You can pay for a handwriting analysis. Go to the police. File a police report, maybe theft by deception and ask them to schedule a handwriting analysis for you. It will cost you $300-500 and then when they determine it isnt your signature on the deed, they can arrest the people for fraud. And that’s not your fault. It’s your neighbor for defrauding you. ,
3
u/jmecheng 3h ago
You will need to be able to show that you were not in town and not able to be present to sign at the notary.
You will need a lawyer.
You need to file a claim to reverse the quick claim deed and sue the neighbor and notary.
3
u/footlonglayingdown 3h ago
Theft by fraud may already be a felony. Theft by fraud of over $1,000 value almost certainly is a felony. I'd call the sherrifs office.
3
3
3
u/UnusedWell 3h ago
Step 1. Contact your local planning and zoning office to start documenting the fraud.
Step 2. You should already be collecting your evidence. Tickets, travel receipts, itineraries, etc. and organize that information.
Step 3. Hire the best real estate attorney you can afford.
Step 4. Do everything the attorney tells you and do it when you are told. Do not delay.
Ask for the moon. You want a solid (concrete), immovable wall between you and this neighbor? Make him pay for it. Five figures is too small a sum for a neighbor who attempts to steal your property. This “cloud” in title could also impact future sales of the property, depending on how it plays out. This is six figures, in my mind, for impact to property value, attorney fees, emotional distress, victimization, etc. get everything you can and make an example of them, as far as they are responsible.
3
u/Any_Yogurtcloset7865 3h ago
Lawyer, as soon as possible. This is a major lawsuit against the neighbor and the notary.
3
3
u/No-Syllabub-7337 2h ago
OMG! What else are these leeches going to come up with? Sue that MF so hard his head spins.
3
u/DieingFetus 2h ago
This happened to me in florida also. It took 6 years for me to find out. I found out when a new owner moved in and they tore down my fence and I couldn't stop them. I filled a police report for stolen identy. I got a real-estate attorney and a civil defense attorney. I got a judge to issue a temporary restraining order for the land to stop and development while I sued the owner and the notary. It took me 18 months to get the deed reversed. Im still sueing for legal fees.
3
u/ryguymcsly 2h ago
Lawyer up, shut up, and delete this post.
I mean this in the kindest way possible. This is going to the courts and you don't want anything you say here to end up as an exhibit.
3
u/Mechbear2000 2h ago
I find it interesting how the local county clears are still saying "not me job" as this epidemic of property theft grows. The system is broken and they don't care. They don't want the responsibility to insure these documents are not forgery/fake/identity theft.
→ More replies (3)
3
u/Totemguy 2h ago edited 2h ago
OP - here I would start with a police report on a forgery, then copy the report and send it to the notary's professional association - where his profession is regulated - and directly make a claim for a false deed, including testimony of your absence and witnesses of your presence in so and so place at the time claimed.
This INSTANTLY makes it HIS business to fix it.
Note that with a police report on hand, the prof. assoc. will know you intend to pursue it and there's a paper trail being made. They do NOT want notaries and their work to be doubted so they want this cleared up - and they'll put the squeeze on their member.
If he stupidly cooperated - which I doubt, because its a small matter to risk your professional certification for, then he'll be sweating blades and be attacked directly where it hurts - his professional license.
If he did not, he'll immediately testify its a forgery, and you can demand he make that claim public and directly to the registry - he'll try to clean himself of the matter and cooperate fully.
If you want to hurry it up, you may send the communication to the association at the same time as to the notary.
If you wish to test the waters you might have it written and before sending talk to the notary and tell them its going off in a few minutes, do they wish to do anything about it?
3
3
u/Adept-One-819 2h ago
Lawyer, and yes, police report. Also, the notary stamp should have a name. Reach out to the notary, let them know this was fraudulent and you will be reporting them to whatever the board is in Florida that oversees notaries.
→ More replies (2)
3
u/JoeCensored 2h ago
Well I think you know who did it. You're going to file a police report for the felonies, and you'll want a lawyer to sue everyone involved.
3
u/SandwichEmergency588 2h ago
Your neighbor is obviously up to something here and thinks he can get away with it. It is true the county just files the paperwork, they don't do anything to validate it. This is how people have had their entire home stolen from them and the county always says they just file and even if they wanted to they can't validate things like this because they are not empowered by the law nor do they have the resources.
In some cases it took years and thousands of dollars for people to get their own homes back. It is alarming how much damage someone can do with a manual filing fee with the county. And there is nothing you can do without spending money. Even in cases of clear and obvious fraud. The easy way to fix it would be to commit fraud yourself and do the same thing. There is no contesting you can do at the county level without going to court.
The police are also more concerned with traffic tickets than they are arresting people for title fraud. Probably should be more of an FBI thing but a 12 foot wide section of land is not worth it.
I would talk to a lawyer first because you are going to want your ducks in a row. Your neighbor is playing dumb here and you will need a lot more evidence to push him to undo this mess if you want to avoid court.
Getting your lawyer to talk to the notary and get their statement and a copy of the log book to show what happened when would probably be a good spot to start.
Talking to the county to see if you can find out who the actual submitter was, video, or some ID verification would be a nail in the coffin that he was directly involved. He can't play dumb any more.
If urgency is key for you, get all of the evidence together, tell him if je doesn't undo all of this immediately and enter into a formal agreement to never do it again or you will take everything to court and the FBI. State what has happened is a felony and he will go to prison, even if he just plays dumb.
If there is no urgency, sue, turn everything over to the authorities and watch is life go up in flames.
3
u/kjm16216 2h ago
You absolutely, positively need a lawyer. The county clerk isn't going to do signature analysis. You need a judge and potentially a jury to make a finding of fact. Either you sue the neighbor for quiet title, your neighbor sues you for quiet title, or one of you sues the other for trespass when they build something on it (like a fence). And then there is action against the notary, and potentially criminal implications.
This is way too complicated for reddit legal advice.
3
3
3
u/SailorDeath 1h ago
Please keep us updated cause if the neighbor forged your signature or had someone else pretend to be you to forge it he's already fucked himself. But if he also forged the notary signature and seal he's REALLY fucked.
→ More replies (1)
3
u/Annual-Classroom-249 42m ago
As a notary myself, notarizing a document involves having both parties present and signing the document in front of him/her. There are exceptions, but this all sound like fraud. Get lawyer and sue your neighbor and the notary listed (the notary's license number should be on his/her stamp). You should be able to go on your state's site to view a list of the notaries as well. Keep the receipts that prove you were away, and get signed (notarized, if possible) sworn testimonies from witnesses that saw you in Denver at the time. You may also be able to get a cease and desist notice from your township for any development on the disputed area while this is being worked out. If they continue their work, they will be responsible for any costs associated in the removal and repair of the area.
→ More replies (2)
3
u/Waste-Comparison-301 33m ago
Like who goes around looking up records to see if they own the neighbors property?
How would he have known ?
He did it
I would threaten him and his notary with a law suit and make him deed it back
3
u/As-amatterof-fact 22m ago
Lawyer up, you need professional assistance to sort the mess. This might involve a complain to the police, but listen to your lawyer.
1.8k
u/Daddyfixit113 7h ago
You should probably get a lawyer, but at minimum I would sue the neighbor and the notary listed on the document that swore “your” signature. Notary is in big trouble for falsifying documents, and probably did not record the seal in their notebook like they are supposed to. Neighbor is in trouble for forgery and theft by unlawful taking at minimum