real estate fraud

This is a discussion on real estate fraud within the Wills, Trusts, Estates forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; KENTUCKY; my grandfather' owned 40 acres, in pike co ky. befor he died in 1917, he deeded my father 8 ...

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Old Oct 26th, 2008, 02:15 PM   #1
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KENTUCKY; my grandfather' owned 40 acres, in pike co ky. befor he died in 1917, he deeded my father 8 acres' and his brother 5 acres. leaving 27 acres in his estate. he died interstate in 1917 leaving no will.

in 1927, my father sold his 8 acres' to his uncle john, a brother of his father. in my fathers deed to his uncle, it states that the sale consist of the same 8 acres received from his father, and gives the location, of said property.

in 1937, his uncle john deeds' said property to his brother, and in this deed it says that the number of acres, contained is now 40 acres. but when you look back at his deed of purchase, from my father you see only 8 acres.

remember; my grandfather died interstate' and left no will. uncle john has laid claim to the whole estate of my grandfather, and passed it on to his brother, in his deed of sale in 1937.

however in 1938; one year later, the county court' by affidavit of decent' declared my father as the sole heir of his father, regarding the 27 acres, that uncle john claimed that he owned.

my father never knew that he was declared by the court as the sole heir and there for never pursued tittle to said property. today about seven families' reside on said property, claiming ownership. using the deed of 1937 as their proof. however the next deed back, showing uncle johns purchase of said land' gives only 8 acres, included in the sale.

i just recently learned all this from a 93 year old aunt. is the affidavit of decent still good, if so what recourse or recovery of said property is possible.

roy coleman
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Old Oct 27th, 2008, 11:58 PM   #2
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Thumbs Up Re: real estate fraud

I read your query 3 times. Then I figured out what you meant; you are asking, I think, whether the RE agent commited
fraud against you. Is that correct?

no, he/she did not. NOT fraud. They violated the inferences
or the tenants of the contract. IF they had taken money from you and not delivered, that would be theft and fraud. What
the agent did to you was perform badiy and committed
real estate ethics violations of FIDUCIARY duty to you.
So from my point of view you can find so many information and also ur solutiuon from here.

Last edited by wld_team; Dec 3rd, 2008 at 11:05 AM.
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Old Oct 28th, 2008, 07:38 AM   #3
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thanks for replying' there was no real estate agent involved. back at that time' in 1937, in kentucky they had what was called a squire or justice of the peace. he married people' pronounced people dead' and assisted in any transaction that required, certification.

in this case' the property location, is listed as being on the right hand side of the creek, and containing 8 acres, in its original deed. in the deed of sale by my fathers uncle, the location is the same' on the right hand side of the creek, however the number of acres' was changed from eight to forty. and today they are living on land of my grandfather, on the left hand side of the creek' which was the remainder of my gandfather's estate.

inspite of the fact that, the deed' that they claim, as proof of ownership, makes no mention of any property' on the left hand side of the creek. dont know that much about law' but this seems to be conspiracy to committ fraud. other words; they have absolutely nothing, like a deed of sale or a will, that describes the property on which they are claiming.
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