we signed a private note, the note was altered without our knowledge into another persons name. then a trust deed was fradulently made up and filed

against our property. should not this altered note be void. since it was altered without our consent or knowledge.? also the trust deed filed with the county against our property was never seen by us or signed by us. the deposition for the person holding the note is july 14. need advise…karole perkins

Asked on July 3, 2009 under Real Estate Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I really think you need to get a lawyer on board as soon as possible.  If you do have a case of fraud here, it will have to be proved by "clear and convincing evidence," and that's often not easy.

A lot may also depend on how the note was worded.  If the person you made the note to had the legal ability to sell or transfer it, then you may not have any claim on that part of this, and the only question left would be whether the trust deed was properly filed.

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