I live in Minnesota and would like to file a criminal complaint for filing fraudulent instrument into the land records. I have affidavits that I can file with the complaint. Is there a form for filing this ? Would this be filed under Chapter 205? If yes, which paragraph?
2 Answers from Attorneys
It sounds like you have a civil claim for "slander of title." The elements required for a slander of title claim are: (1) That there was a false statement concerning the real property owned by the plaintiff; (2) That the false statement was published to others; (3) That the false statement was published maliciously; and (4) That the publication of the false statement concerning title to the property caused the plaintiff pecuniary loss in the form of special damages. In some situations, filing a false statement on real property can lead to criminal penalties. However, you should contact an attorney regarding filing a civil action for slander of title. On the criminal side, you should speak to the local authorities.
Your post is not entirely clear. Criminal matters would be reported to the authorities. Perhaps you are simply confusing civil legal issues (those concerning private rights and remedies and disputes) with legal issues that are criminal in nature (in which prosecution by government is made for acts, or omissions, that are classified as crimes). All the best. Tricia Dwyer Esq., Minnesota Real Estate Law, Minnesota Criminal Law, Phone 612-296-9666, http://dwyerlawfirm.net