For example, an asset acquired by either spouse prior to marriage is normally considered a nonmarital asset. Similarly, a debt incurred by just one spouse before marriage is not considered the responsibility of the other spouse. If you can prove the forgery occurred, the court will not consider the debt a marital liability. Instead, your spouse will be solely responsible for that debt.
In a recent decision, the Florida First District Court of Appeal noted that in cases of spousal forgery, it is not necessary to establish how the forger actually spent the wrongfully obtained money. The case before the court, Dampier v. Such a finding is not required under Florida law, however, as the First District explained.
And while it is not a common occurrence, many individuals find that when they enter divorce proceedings, they lack full knowledge of their marital assets and liabilities. This is why it is critical to work with an experienced Boca Raton divorce attorney who can help you in conducting a full review of your marital finances. You may discover assets and liabilities that you previously lacked knowledge of.
And if there has been any misconduct on the part of your estranged spouse, your lawyer can represent you in making your case to the judge. If you gave the signer permission to sign your name, then they did not commit forgery. If the signer did not have actual authority to sign your name but they believed they had permission, AND this belief was reasonable, then they did not commit the crime of forgery. Now that you have determined you are victim of forgery, you need to begin to limit the damage the fraudster can do.
Who did they intend to deceive and why? If you know who that person or company is, then contact them immediately. Let me give you an example. I had elderly clients whose identities were stolen by a con artist who wanted to buy a house in their name. To do so, the fraudster needed a power of attorney in the names of my clients, so that she could tell everyone that she was acting on the authority of my clients.
She was not. They had no idea she did this. By the time my clients discovered the forgeries, the fraudster had already purchased the home, which made it more difficult to unwind the situation. But, you can see that if they had known earlier, they could have stopped the mortgage loan and home purchase from taking place. Applying the signature of another person on any kind of official or legal document or contract without his express consent—usually through power of attorney-- is an act of identity theft, a felony.
If your husband forges your signature on a loan document, you should call the police. However, you will not file charges against your husband for his actions: The police and the local district or state's attorney will prosecute him.
You cannot stop this prosecution even if you agree to participate in the loan after the act of forgery has occurred. In most cases, Pendeault says, when the bank learns an act of forgery has been committed, they will usually cooperate with the police and then swiftly act to protect their interests. The bank can cancel the loan and freeze any of your accounts held at the bank. So although you have permission from your brother and would not be committing forgery, you might run up against a cautious landlord who will insist on written proof of this permission and don't be surprised if the landlord requires the document to be notarized, too.
In short, that phone call from the airport might not do the trick. If the landlord takes your word for it and allows you to sign for your brother, be sure to sign in a way that indicates that you know you're signing on his behalf. The letters "p. You may type or handwrite the letters just to the left of your signature to indicate that you are signing under procuration.
Your brother's name should be printed or typed under the signature line. If you're still worried about the signing and want to make sure you sign it in the right way as your brother's agent, or the landlord insists on written proof that you have this permission, talk to a lawyer with experience with powers of attorney, such as an attorney who handles estate planning. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm.
0コメント