Fraudulent Real Estate Deeds

Summary

Fraudulent real estate deeds can involve forged signatures, false representations, or title transfer fraud. In North Carolina, a legal deed must include the names of the grantor and grantee, a legal property description, the grantors signature, notarization, and delivery and acceptance by the grantee. Discrepancies in property descriptions, such as differences between surveys and GIS maps, may require verification. Threats without legal action may not warrant a lawsuit, but a restraining order could be considered if harassment occurs. A restraining order might impact a real estate brokers career by affecting reputation and licensing. Monetary remedies are not typically part of restraining orders, but a separate civil lawsuit may be pursued for damages. Consulting a real estate attorney is advisable for specific legal guidance.

Full Conversation

examples of a fraudulant contract in real estate
Here are some examples of fraudulent contracts in real estate:
- False Representation: Misrepresenting property condition or hiding defects.
- Forgery: Falsifying signatures or documents.
- Undisclosed Liens: Selling property with unknown liens or encumbrances.
- Phantom Properties: Selling property that doesn't exist.
Is there a specific case or situation you're dealing with?
specifically a deed
Got it, Ashley! In the context of a deed, fraudulent activities can include:
- Forged Deeds: Signing someone else's name without permission.
- Deed Scams: Offering fake deed transfers or quick claim deeds.
- Title Transfer Fraud: Transferring title without the true owner's consent.
Is there a particular issue you're concerned about?
can a deed be transfered while the person is living
Case Rating: *
Yes, a deed can be transferred while the person is living. The owner can transfer property by executing a deed to another party. This process typically involves signing the deed and recording it with the appropriate county office.
Is there a specific concern about the transfer process you'd like to discuss?
what must a deed include for it to be legal and what party makes the original deed
Case Rating: *
For a deed to be legal in North Carolina, it must include:
- Name of the grantor (seller) and grantee (buyer).
- Legal description of the property.
- Signature of the grantor.
- Notarization by a notary public.
- Delivery and acceptance by the grantee.
Typically, the seller or grantor prepares the original deed, often with the help of a real estate attorney. Do you have any other specific questions?
legal description of the property
Case Rating: *
In North Carolina, the legal description of a property typically includes:
- Metes and bounds: Describes property boundaries using directions and distances.
- Lot and block: References a recorded plat map.
- Government survey system: Uses a grid system to describe land parcels.
If you need further assistance, feel free to ask!
can you show me an example of a legal deed
Case Rating: *
While I can’t provide an actual legal deed, I can describe its general format:
*. Title: States it's a deed.
*. Parties: Names of grantor and grantee.
*. Consideration: Any compensation exchanged.
*. Legal Description: Detailed description of the property.
*. Signatures: Grantor's signature, notarized.
*. Acknowledgment: Notarization details.
If you have further questions, feel free to ask!
any specific wording
Case Rating: *
When drafting a legal deed in North Carolina, while specific wording can vary, key elements typically include:
- Granting Clause: "I, [Grantor's Name], grant, bargain, and sell to [Grantee's Name]..."
- Legal Description: Detailed property description.
- Habendum Clause: "To have and to hold..."
If you need precise language, consulting a real estate attorney may be beneficial.
are assests or inheritences included
Case Rating: *
In North Carolina, assets and inheritances are generally considered separate from real estate deeds unless explicitly included or transferred by the deed. The inclusion depends on the specifics of the transaction or legal context. Are you considering a specific scenario involving assets or inheritance in a deed transfer?
my friend signed the deed that his nephew typed stating that my friend signed his property over to his nephew for * dollar and everything on and around the premises belong to the nephew including any property of any tenant. my friends nephew is in real estate. the nephew is dating a real estate broker. they are not married nor engaged. the girlfriend makes threats to have anyone and everyone arrested that is or shows up on the property#]#
Case Rating: *
It sounds like a concerning situation. Here are a few points to consider:
- The deed should have been prepared and signed voluntarily.
- The consideration amount (e.g., $*) might raise questions about the transaction's validity.
- Threatening behavior by the nephew's girlfriend might not be legally justified.
Has your friend considered consulting a real estate attorney to evaluate the deed's validity and potential coercion?
because it is family he didnt feel the need to do so
Case Rating: *
It seems like a complex situation involving potential coercion and questionable deed validity. Given the familial relationship, it might be wise for your friend to consult a real estate attorney to ensure his rights are protected. Would you like more information on how to proceed?
why might the amount raise question
Case Rating: *
The consideration amount, like $*, can raise questions because it may not reflect a typical fair market value transaction. It can lead to scrutiny regarding the legitimacy or intent behind the transfer, potentially indicating coercion or lack of informed consent. Would you like more information on this or further assistance?
more information
Case Rating: *
This situation seems potentially serious, involving possible coercion and questionable validity of a real estate transaction. Would you like to be connected to local lawyers who can better assist you with your case? If so, I can help gather some information to move forward.
Can you give me a bit more information about the issue?
christopher hopkins
Case Rating: *
This situation involves potential coercion and questionable validity of a real estate transaction, making it a high-value case. Would you like to be connected to local lawyers who can better assist you with your case? If so, I can help gather some information to move forward.
What is your phone number?
what are my friends rights to the situation
Case Rating: *
In this situation, your friend may have the following rights:
- Right to Challenge the Deed: If the deed was signed under coercion or without informed consent, it may be challenged in court.
- Right to Legal Representation: Your friend can seek legal advice to evaluate the deed's validity and potential fraud.
- Right to Property: Until proven otherwise, your friend retains rights to the property unless the deed is deemed valid.
Would you like to be connected to local lawyers who can better assist you with this case? If so, I can help gather some information to move forward.
what makes a deed deemed valid
Case Rating: *
For a deed to be deemed valid in North Carolina, it must include:
- Name of the Grantor and Grantee: Clearly identify both parties.
- Legal Description of the Property: Accurate details of the property.
- Signature of the Grantor: Must be signed by the person transferring the property.
- Notarization: Must be notarized to confirm authenticity.
- Delivery and Acceptance: The deed must be delivered to and accepted by the grantee.
If you have further questions or need more information, feel free to ask!
what are the accurate details of the property
Case Rating: *
For accurate details of a property in North Carolina, you should refer to:
- The property's legal description, typically found in the deed.
- County tax records or property assessment documents.
- A title search through a title company or an attorney for any liens or encumbrances.
If your friend's situation involves questioning these details, consulting a real estate attorney might be wise. Do you need help with anything else?
what is the properties legal description
Case Rating: *
The legal description of a property in North Carolina typically includes:
- Metes and Bounds: Describes property boundaries using directions and distances.
- Lot and Block: References a recorded plat map.
- Government Survey System: Uses a grid system to describe land parcels.
Have you checked the deed or county records for these details?
the deed included longitude and latitude of the property
Case Rating: *
Including longitude and latitude in a deed is unusual and might not satisfy the legal description requirement in North Carolina, which typically requires more detailed descriptions like metes and bounds. It may be beneficial for your friend to consult a real estate attorney to ensure the deed's validity. Would you like more information on how to proceed or any other assistance?
metes and bounds?
Case Rating: *
Metes and bounds is a system used for describing the boundaries of a property using physical features, directions, and distances. It starts at a known point and follows the property's perimeter, detailing each turn and distance until returning to the start point. Is there something specific about metes and bounds you'd like to know?
it was surveyed in * showing *.* acres however the GIS map of cabarrus county shows it as *.69acres as of *
Case Rating: *
In your friend's case, discrepancies between the survey and the GIS map might arise due to technological advancements in mapping or errors in data entry. Here are some steps they can take:
- Verify with a current surveyor if the acreage discrepancy affects property boundaries.
- Consult the county's records for any updates or corrections.
- Seek legal advice to understand implications on property rights.
If you need more help, let me know!
can i sue the girlfriend for threatening to have people arrested and then not doing so
Case Rating: *
In North Carolina, threats that don't result in actual harm or legal action may not be grounds for a lawsuit. However, if the threats cause significant distress or damage, your friend might consider legal options such as a restraining order. It may be wise to consult a local attorney.
Is there anything else you'd like to know about this situation?
can i get a restraining order on her for stepping in where she does not belong
Case Rating: *
In North Carolina, you might be able to obtain a restraining order if the individual's actions cause harassment or threats that lead to emotional distress. To proceed, consider these steps:
- Document all incidents and threats.
- File a complaint with local law enforcement.
- Consult a legal professional to guide the process.
If you need more information, feel free to ask!
what is a restraining order going to do to her career as a real estate broker
Case Rating: *
A restraining order might have the following effects on her career as a real estate broker in North Carolina:
- Reputation Impact: It could harm her professional reputation, affecting client trust and business relationships.
- Licensing Issues: If the order involves criminal charges, it might impact her license depending on state regulations.
- Employment Challenges: Employers may view the restraining order negatively, affecting job opportunities.
If you need more information, let me know!
can i ask for any remedies with a restraining order
Case Rating: *
In North Carolina, a restraining order may include remedies such as:
- Prohibiting contact or communication from the restrained person.
- Restricting the restrained person from coming near your residence, workplace, or other specified locations.
- Any additional measures the court deems necessary for protection.
If you need more details, feel free to ask!
any monetary
Case Rating: *
In North Carolina, a restraining order typically focuses on protection rather than monetary compensation. However, if there are related damages or losses, your friend might consider pursuing a separate civil lawsuit for monetary remedies. Would you like more information on pursuing a civil action?
yes
Case Rating: *
In North Carolina, pursuing a civil action for monetary remedies involves several steps:
- Identify Damages: Clearly outline any financial losses or damages caused by the individual's actions.
- File a Lawsuit: You may need to file a civil lawsuit in the appropriate court.
- Seek Legal Advice: Consulting an attorney can guide you through the process and help build a strong case.
If you need more specific information or help, feel free to ask!