ConflictinVA
New Member
Real question:
Can I get my money back? From whom?
Background:
My wife wanted to sell our condo and buy a bigger place, a townhouse. Both locations were in the state of Virginia. I was opposed to the idea.
My wife forged my signature on two power of 'Power of Attorney' documents. One POA was to sell the condo and another POA was to buy a property. These POA's were then notarized by a Notary, who is my wife's best friend. The signatures are clearly not mine. In addition, I was overseas on that day.
My wife then put down a deposit of $10,000 from a joint checking account and signed the purchase agreement, her signature, followed by the text (POA for my name). She, then went on to sign additional documents, (inspection, radon, remove the financing contingency clause, etc.). We actually had a purchase contract, all squared away and correct.
I come back in the country and when I find out, I am furious and cancel the contract. I lost the $10,000.
My wife and me separated after a few months after that incident. (divorce pending currently). I have a copy of all the docs, including the forged POA, which I got from our real estate agent, after threatening to turn him to the licensing board.
I am not sure what the real estate agent's role is, but my wife actually gave him $1,000, in cash. I withdrew the $1,000 in person, so I have hundreds and not lots of twenties. Went to the real estate agent's house and personally witnessed my wife handing over the money.
I am a foreigner, so have no idea how real estate works in the US. she told me it is customary to give $1,000 to the agent, when the deal falls thru at the last minute. really?
My question is - Is there some way I can get my money and associated costs back? From each of them, severally or jointly?
Based on all the hours spent watching L&A, what these two did qualifies as a conspiracy, for $500,000 (the value of the purchase contract)
When I approached an attorney, he said 'You can file a criminal complaint with the police, but the complaint will go no where, as state attorney's office don't give a sh*t about cases where spouses are involved. '. The attorney waived half of his customary 1 hour consultation fee, despite spending over 1.5 hours with me.
So, the attorney is a nice guy. But, what about me?
Do I really have no options?
What if my wife has taken out loans, using another forged and notarized POA? What if she took out a balloon payment loan, with all repayment of interest and principal due in 2011? Then I have to spend $$ to prove the POA is a forgery. Can I preempt this in any way? I am from India. Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offense. On filing AB, the opposition party is notified about the bail application and the opposition or public prosecutor can the contest the bail application in court.
Do you have something like that in the US? What about anticipated fraud? in civil courts at least? I find it hard to believe that I am making legal history here......
I am really standing butt nakkid here?
Thanks very much!
Can I get my money back? From whom?
Background:
My wife wanted to sell our condo and buy a bigger place, a townhouse. Both locations were in the state of Virginia. I was opposed to the idea.
My wife forged my signature on two power of 'Power of Attorney' documents. One POA was to sell the condo and another POA was to buy a property. These POA's were then notarized by a Notary, who is my wife's best friend. The signatures are clearly not mine. In addition, I was overseas on that day.
My wife then put down a deposit of $10,000 from a joint checking account and signed the purchase agreement, her signature, followed by the text (POA for my name). She, then went on to sign additional documents, (inspection, radon, remove the financing contingency clause, etc.). We actually had a purchase contract, all squared away and correct.
I come back in the country and when I find out, I am furious and cancel the contract. I lost the $10,000.
My wife and me separated after a few months after that incident. (divorce pending currently). I have a copy of all the docs, including the forged POA, which I got from our real estate agent, after threatening to turn him to the licensing board.
I am not sure what the real estate agent's role is, but my wife actually gave him $1,000, in cash. I withdrew the $1,000 in person, so I have hundreds and not lots of twenties. Went to the real estate agent's house and personally witnessed my wife handing over the money.
I am a foreigner, so have no idea how real estate works in the US. she told me it is customary to give $1,000 to the agent, when the deal falls thru at the last minute. really?
My question is - Is there some way I can get my money and associated costs back? From each of them, severally or jointly?
Based on all the hours spent watching L&A, what these two did qualifies as a conspiracy, for $500,000 (the value of the purchase contract)
When I approached an attorney, he said 'You can file a criminal complaint with the police, but the complaint will go no where, as state attorney's office don't give a sh*t about cases where spouses are involved. '. The attorney waived half of his customary 1 hour consultation fee, despite spending over 1.5 hours with me.
So, the attorney is a nice guy. But, what about me?
Do I really have no options?
What if my wife has taken out loans, using another forged and notarized POA? What if she took out a balloon payment loan, with all repayment of interest and principal due in 2011? Then I have to spend $$ to prove the POA is a forgery. Can I preempt this in any way? I am from India. Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offense. On filing AB, the opposition party is notified about the bail application and the opposition or public prosecutor can the contest the bail application in court.
Do you have something like that in the US? What about anticipated fraud? in civil courts at least? I find it hard to believe that I am making legal history here......
I am really standing butt nakkid here?
Thanks very much!