Legal Question in Real Estate Law in Indiana

accused of forgery (signing my husbands name.0

I signed my husband's name on a REAL ESTATE purchase agreement in the negotiations of selling our home. He is 78, has Parkinson's disease, and told me to sign his name. Our realator was present as well as myself and husband. I am being accused of forgery. An attorney told me the signature was valid due to a witness in the rooom. I am being harrassed with threatening letters which demand money returned from the inspecton fee which the buyer ordered. There is nothing in the contract that says I have to pay them this money. They, the buyers, are telling me I committed forgery and the document is null and void.

Asked on 7/01/08, 7:56 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: accused of forgery (signing my husbands name.0

the following is the statutory definition of forgery

(b) A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:

(1) by another person;

(2) at another time;

(3) with different provisions; or

(4) by authority of one who did not give authority;

commits forgery, a Class C felony.

You were not intending to defraud and you had authority, therefore there was no forgery. You can do two things, one, is have an affidavit signed by the realtor that he witnessed your husband giving you authority to sign his name, and two, have your husband sign a document ratifying your signature and stating that he gave you permission to act on his behalf. You probably should have an attorney draft these documents as well as a power of attorney.

good luck

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Answered on 7/02/08, 10:54 am

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