Legal Question in Real Estate Law in New York

A faked Notary certificate on a pre-signed deed of sale is a valid deed?

A well prepared deed of sale for a joint ownership of exhusband a and exwife to be transferd to exwife alone.

was done 5 years ago but only showing the signatures and the year, not day and month and empty everything else.

There is not any other document accompaning this deed.

this document was signed by the exhusband with the purpose

to pay a debt but was not accomplished instead exhusband decided to pay debt and paid in full.

Buy exwife kept the signed (only) document and exhusband

assumed it was worthless without the proper notary certificate.

Exwife who lives in the house, five years latter without notifying to exhusband forged the notary signature and seal and placed over the document and latter recorded in the town offices. Exwife paid the original mortgage loan and get other one under her name only.

Exhusband obtained a notarized document from the Notary shown in the deed who stated that he did not notarized that document and it is not his signature his seal has a wrong expiration date. My question is: can be considered this a valid deed of sale?, if it is what is my options?, if it is not valid deed what the bank that financied the loan can do it, and what can happen to me?- Thanks


Asked on 1/12/04, 12:19 am

1 Answer from Attorneys
Seth Kaufman Seth M. Kaufman

Re: A faked Notary certificate on a pre-signed deed of sale is a valid deed?

If you did not intend to convey your interest at the time, I need to know more about the circumstances. However, the acknowledgment is a recording requirement, and recording only ensures proper notice - it is not a substantive requirement to effect a transfer. If I understand you correctly, you signed and delivered the deed to your wife. Therefore, you conveyed whatever interest the deed purported to convey. The incomplete date is an issue of notice to subsequent purchasers or lienors and the allegedly forged acknowledgment implies criminal activity. Feel free to call me at 212-367-9167 to discuss this further.

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Answered on 1/12/04, 10:18 am


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