Posted on: 14th Feb, 2009 04:05 pm
synopsis: returning veteran husband denies signing a QCD overseas that transfered interest in a million dollar equity marital property to his now ex-wife who claims he did, intended to do and she relied on. the issue will go to trial. in your opinion is the property transferred if the the QCD is disputed as shown to be invalid and unauthenticated? jurisdiction: florida district court.
ex-husband's position:
while he was overseas for 3 years working and sending money home regularly to support a wife and 2 kids the wife met a law school grad and they shacked up. without announcing anything to the ex-husband (other than "keep sending money") the then wife ex filed a divorce complaint with the assistane of the co-aldulterer and then foreign notarized affidavit of process service and with it won a default partial final order judgment. she tried to domesticate this judgment overseas and the european court rejected it due to inauthentic affidavit of service. the ex-wife and lawyer lover produced a foreign notarized quit claim deed transferring to her all the husband's substantial interest in the marital home and uttered the QCD, paid doc stamp taxes for a new title and then maxed out the $250,000 HELOC she arranged to be in her name only. she then filed for name change of 2 children of the past marriage and used another sworn affidavit to deny knowledge of ex-husband's whereabouts and won by default an order to change the names of their children. when the veteran former husband returned home and discovered the fraud on the court and himslef he moved to vacate all previous orders and filed injunctive relief, criminal and bar complaints. the ex-wife then hired a expensive, well connected ex-judge family law specialist and family law professor who has litigated for 5 years . the ex wife has borrowed almost the entire HELOC $250,000 and avoided every notice for trial by one trick or another. because most the majority of husband's assets were in the marital home and they have obstructed his access to those assets he is now near a homeless veteran. the ex wife continues to use HELOC to fund her litigation. the husband has become ill, medically disabled and is now pro se. the ex-wife's counsel refuses to settle and states the original QCD is unlocatable for examination. the original could incriminate his client or many of his client's family who were the probable forgers involved in europe where deed fraud statute limits havent run like in the USA. (local FL filed criminal complaints were nolo presequi due to FL fraudulent deed uttering statutes which run at 1 yr.)
QUESTION: when the ex husband testifies that he didnt sign the deed nor ever intended to sign such a deed and the 2 europeans who allegedly witnessed his signature do not appear to testify and if the husband can clearly show by state evidence codes, deed authentication statutes, the 1961 hague apostille convention and local european notary law that the deed fails all tests of validity and is prima facie legally insufficient (no final certificate of authenticity of notarial act) then doesnt that rebut and overcome any presumption of transfer or reliance on transfer by the ex-wife? the ex-wife's counsel has attempted to establish validity of the transfer only by by affirmative defenses (reliance on deed, equit/jud. estoppel, acquiesence etc) and inconclusive non-fforensic signature identification.
the ex-wife has no direct, admissable evidence establishing the QCD as authentic except a certified copy filed with the county with a disputed signature similar to one the ex-husband once used.
(*NB* the foreign notary appearing on the QCD was investigated by the european police and denied acknowledging the signature on the QCD or affixing her seal but has refused to testify to this in the USA and can't be subpoened.
-a US veteran's story who came back to a big surprise after being overseas from 2003-2006. semper fi! usque ad finem!
ex-husband's position:
while he was overseas for 3 years working and sending money home regularly to support a wife and 2 kids the wife met a law school grad and they shacked up. without announcing anything to the ex-husband (other than "keep sending money") the then wife ex filed a divorce complaint with the assistane of the co-aldulterer and then foreign notarized affidavit of process service and with it won a default partial final order judgment. she tried to domesticate this judgment overseas and the european court rejected it due to inauthentic affidavit of service. the ex-wife and lawyer lover produced a foreign notarized quit claim deed transferring to her all the husband's substantial interest in the marital home and uttered the QCD, paid doc stamp taxes for a new title and then maxed out the $250,000 HELOC she arranged to be in her name only. she then filed for name change of 2 children of the past marriage and used another sworn affidavit to deny knowledge of ex-husband's whereabouts and won by default an order to change the names of their children. when the veteran former husband returned home and discovered the fraud on the court and himslef he moved to vacate all previous orders and filed injunctive relief, criminal and bar complaints. the ex-wife then hired a expensive, well connected ex-judge family law specialist and family law professor who has litigated for 5 years . the ex wife has borrowed almost the entire HELOC $250,000 and avoided every notice for trial by one trick or another. because most the majority of husband's assets were in the marital home and they have obstructed his access to those assets he is now near a homeless veteran. the ex wife continues to use HELOC to fund her litigation. the husband has become ill, medically disabled and is now pro se. the ex-wife's counsel refuses to settle and states the original QCD is unlocatable for examination. the original could incriminate his client or many of his client's family who were the probable forgers involved in europe where deed fraud statute limits havent run like in the USA. (local FL filed criminal complaints were nolo presequi due to FL fraudulent deed uttering statutes which run at 1 yr.)
QUESTION: when the ex husband testifies that he didnt sign the deed nor ever intended to sign such a deed and the 2 europeans who allegedly witnessed his signature do not appear to testify and if the husband can clearly show by state evidence codes, deed authentication statutes, the 1961 hague apostille convention and local european notary law that the deed fails all tests of validity and is prima facie legally insufficient (no final certificate of authenticity of notarial act) then doesnt that rebut and overcome any presumption of transfer or reliance on transfer by the ex-wife? the ex-wife's counsel has attempted to establish validity of the transfer only by by affirmative defenses (reliance on deed, equit/jud. estoppel, acquiesence etc) and inconclusive non-fforensic signature identification.
the ex-wife has no direct, admissable evidence establishing the QCD as authentic except a certified copy filed with the county with a disputed signature similar to one the ex-husband once used.
(*NB* the foreign notary appearing on the QCD was investigated by the european police and denied acknowledging the signature on the QCD or affixing her seal but has refused to testify to this in the USA and can't be subpoened.
-a US veteran's story who came back to a big surprise after being overseas from 2003-2006. semper fi! usque ad finem!
Hi legalmedicinegroup,
I think the only way the husband can get the property back is by proving that the deed was invalid. The foreign notary has denied acknowledging the signature and the seal affixed on the deed, the two 'witnesses' don't appear to testify. Thus, I don't think the wife has any evidence whatsoever that can help her prove the deed was valid. I'd suggest you to consult an expert attorney who has prior experience in handling such fraud real estate cases.
I think the only way the husband can get the property back is by proving that the deed was invalid. The foreign notary has denied acknowledging the signature and the seal affixed on the deed, the two 'witnesses' don't appear to testify. Thus, I don't think the wife has any evidence whatsoever that can help her prove the deed was valid. I'd suggest you to consult an expert attorney who has prior experience in handling such fraud real estate cases.