Texas Real Estate Attorneys: Fighting Property Fraud and Forgery
Forgery in real estate involves the creation or alteration of documents to misrepresent ownership or authority. Under Texas law, a forged deed is entirely void from its inception (ab initio) and cannot be made valid through consent, waiver, estoppel, delivery, or recording. A forged deed renders the title invalid, even if the property was later sold to an innocent purchaser.
Case Law:
- Commonwealth Land Title Ins. Co. v. Nelson, 889 S.W.2d 312 (1994): Title to land cannot pass under a forged deed, regardless of whether subsequent purchasers were unaware of the forgery.
- Nobles v. Marcus, 533 S.W.2d 923 (Tex. 1976): Texas common law defines forgery as “the making or altering of a written instrument purporting to be the act of another.” Signing one’s own name as an agent, even falsely, is not considered forgery under this rule.
Examples of Forgery in Real Estate:
- Creating a deed that falsely conveys ownership of property.
- Using a forged Power of Attorney to sell or lease property.
- Falsifying documents in the chain of title.
Fraud in Real Estate
Unlike forgery, fraud involves deceit or intentional misrepresentation to obtain a property interest. While a forged deed is void, a fraudulent deed is considered voidable, meaning it remains effective until invalidated through a judicial process.
Case Law:
- Lighthouse Church of Cloverleaf v. Texas Bank, 889 S.W.2d 595 (1994): Fraudulent deeds must be set aside by the court to be rendered invalid.
Statute of Limitations:
Under the Texas Civil Practice & Remedies Code § 16.004(a)(4), claims for real estate fraud must be filed within four years of when the fraud could have been reasonably discovered. If not challenged within this timeframe, the fraudulent deed may stand as valid. However, forged deeds have no statute of limitations and can be voided at any time.
Examples of Fraud in Real Estate:
- Selling property without ownership rights.
- Using false authority, such as a forged Power of Attorney, to transfer property.
- Leasing property that belongs to another person without proper authorization.
Key Differences Between Fraud and Forgery
| Aspect | Forgery | Fraud |
|---|---|---|
| Legal Status | Void from inception (ab initio) | Voidable, must be invalidated by a court |
| Statute of Limitations | None, can be challenged at any time | Four years from discovery of the fraud |
| Examples | Forged deeds, falsified chain of title | Misrepresentation, fraudulent authority |
Act Quickly to Protect Your Property Rights
If you suspect fraud or forgery in a real estate transaction, it is critical to act promptly. Fraudulent deeds may become legally binding if not challenged within the statute of limitations, and delays in addressing forgery could complicate the resolution process.
Contact an experienced Texas real estate attorney immediately to review your case, protect your property rights, and take the necessary steps to set aside fraudulent or forged deeds.
Why Choose Our Real Estate Attorneys?
Experience
Extensive experience investigating and litigating real estate fraud cases
Understanding
Deep knowledge of Texas fraud laws and forensic documentation analysis
Proactive
Aggressive approach to protecting victims of real estate fraud
Our Fraud Protection Services
Title Fraud Defense
Our real estate attorneys combat fraudulent deed transfers and unauthorized property sales to protect your ownership rights.
Document Authentication
We investigate suspected forgeries and verify the authenticity of real estate documents using expert analysis.
Fraud Investigation
Our team conducts thorough investigations to uncover evidence of real estate fraud and build strong cases.
Legal Recovery
We pursue all available legal remedies to recover property and damages from fraudulent transactions.
Prevention Services
Our attorneys implement safeguards to protect your property from future fraud attempts.
Comprehensive Protection and Emergency Response
We act fast to stop fraud, prove your case, and protect your property from future schemes.
What Our Clients Are Saying
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We had the privilege of working with Rick Guerra, who became so much more than just our legal counsel, he became a trusted friend and a steady source of … More strength during one of the most painful and challenging times in our lives.
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His legal expertise is exceptional. He is confident, meticulous, and always thoroughly prepared. He laid out a clear, strategic plan and followed through with precision and professionalism every step of the way.
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If you are looking for an attorney who brings not only exceptional skill but also unwavering compassion, and who is backed by a team of equally outstanding professionals, we cannot recommend him highly enough. We are forever grateful for the care and guidance we received!
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I had a great conversation with Christian. I really felt heard, and listened to and that means a lot. Guerra Days Law Group are authentic in the ways they … More show they care and it was greatly appreciated. Continue doing all that you do and don't ever change.
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As dedicated Texas real estate attorneys, we fight aggressively against property fraud and forgery to protect your interests.
Don’t let real estate fraud steal your property. Contact us for expert guidance from our experienced real estate attorneys.
P.S. Quick action is crucial in real estate fraud cases. Let our experienced team help protect your property rights today.